Texas 2009 - 81st Regular

Texas Senate Bill SB1610 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	81R11668 TRH-F
2	2	By: Hegar S.B. No. 1610
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to liability of vehicle lessees for unpaid tolls.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. Section 228.055, Transportation Code, is amended
10	10	by amending Subsection (d) and adding Subsection (d-1) to read as
11	11	follows:
12	12	(d) It is an exception to the application of Subsection (a)
13	13	or (c) if the registered owner of the vehicle is a lessor of the
14	14	vehicle and not later than the 30th day after the date the notice of
15	15	nonpayment is mailed provides to the department:
16	16	(1) a copy of the rental, lease, or other contract
17	17	document covering the vehicle on the date of the nonpayment under
18	18	Section 228.054, with the name and address of the lessee clearly
19	19	legible; or
20	20	(2) an electronic document, other than a photocopy or
21	21	scan of a rental or lease contract, that contains the information
22	22	required by Sections 521.460(c)(1)-(3) covering the vehicle on the
23	23	date of the nonpayment under Section 228.054.
24	24	(d-1) If the lessor provides the required information
25	25	within the period prescribed by Subsection (d), the department may
26	26	send a notice of nonpayment to the lessee at the address provided in
27	27	the document under that subsection [shown on the contract document]
28	28	by first class mail before the 30th day after the date of receipt of
29	29	the required information from the lessor. The lessee of the vehicle
30	30	for which the proper toll was not paid who is mailed a written
31	31	notice of nonpayment under this subsection and fails to pay the
32	32	proper toll and administrative fee within the time specified by the
33	33	notice of nonpayment commits an offense. The lessee shall pay a
34	34	separate toll and administrative fee for each event of nonpayment.
35	35	Each failure to pay a toll or administrative fee under this
36	36	subsection is a separate offense.
37	37	SECTION 2. Section 228.056(b), Transportation Code, is
38	38	amended to read as follows:
39	39	(b) In the prosecution of an offense under Section
40	40	228.055(c), (d-1) [(d)], or (e):
41	41	(1) it is presumed that the notice of nonpayment was
42	42	received on the fifth day after the date of mailing;
43	43	(2) a computer record of the department of the
44	44	registered owner of the vehicle is prima facie evidence of its
45	45	contents and that the defendant was the registered owner of the
46	46	vehicle when the underlying event of nonpayment under Section
47	47	228.054 occurred; and
48	48	(3) a copy of the rental, lease, or other contract
49	49	document, or an electronic document provided to the department
50	50	under Section 228.055(d) [covering the vehicle on the date of the
51	51	underlying event of nonpayment under Section 228.054] is prima
52	52	facie evidence of its contents and that the defendant was the lessee
53	53	of the vehicle when the underlying event of nonpayment under
54	54	Section 228.054 occurred.
55	55	SECTION 3. Section 284.0701, Transportation Code, is
56	56	amended by amending Subsection (d) and adding Subsection (d-1) to
57	57	read as follows:
58	58	(d) It is an exception to the application of Subsection (a)
59	59	or (c) if the registered owner of the vehicle is a lessor of the
60	60	vehicle and not later than the 30th day after the date the notice of
61	61	nonpayment is mailed provides to the authority:
62	62	(1) a copy of the rental, lease, or other contract
63	63	document covering the vehicle on the date of the nonpayment under
64	64	Section 284.070, with the name and address of the lessee clearly
65	65	legible; or
66	66	(2) an electronic document, other than a photocopy or
67	67	scan of a rental or lease contract, that contains the information
68	68	required by Sections 521.460(c)(1)-(3) covering the vehicle on the
69	69	date of the nonpayment under Section 284.070.
70	70	(d-1) If the lessor provides the required information
71	71	within the period prescribed by Subsection (d), the authority may
72	72	send a notice of nonpayment to the lessee at the address provided in
73	73	the document under that subsection [shown on the contract document]
74	74	by first class mail before the 30th day after the date of receipt of
75	75	the required information from the lessor. The lessee of the vehicle
76	76	for which the proper toll was not paid who is mailed a written
77	77	notice of nonpayment under this subsection and fails to pay the
78	78	proper toll and administrative cost within the time specified by
79	79	the notice of nonpayment commits an offense. The lessee shall pay a
80	80	separate toll and administrative cost for each event of nonpayment.
81	81	Each failure to pay a toll or administrative cost under this
82	82	subsection is a separate offense.
83	83	SECTION 4. Section 284.0702(b), Transportation Code, is
84	84	amended to read as follows:
85	85	(b) In the prosecution of an offense under Section
86	86	284.0701(c), (d-1) [(d)], or (e):
87	87	(1) [,] a computer record of the department of the
88	88	registered owner of the vehicle is prima facie evidence of its
89	89	contents and that the defendant was the registered owner of the
90	90	vehicle when the underlying event of nonpayment under Section
91	91	284.070 occurred; and
92	92	(2) a copy of the rental, lease, or other contract
93	93	document, or an electronic document provided to the authority under
94	94	Section 284.0701(d) is prima facie evidence of its contents and
95	95	that the defendant was the lessee of the vehicle when the underlying
96	96	event of nonpayment under Section 284.070 occurred.
97	97	SECTION 5. Section 366.178, Transportation Code, is amended
98	98	by amending Subsections (f) and (i) and adding Subsection (j) to
99	99	read as follows:
100	100	(f) In the prosecution of a violation for nonpayment, proof
101	101	that the vehicle passed through a toll collection facility without
102	102	payment of the proper toll together with proof that the defendant
103	103	was the registered owner or the lessee [driver] of the vehicle when
104	104	the failure to pay occurred, establishes the nonpayment of the
105	105	registered owner or lessee. The proof may be by testimony of a
106	106	peace officer or authority employee, video surveillance, or any
107	107	other reasonable evidence, including a copy of a rental, lease, or
108	108	other contract document, or an electronic document provided to the
109	109	authority under Subsection (i) showing that the defendant was the
110	110	lessee of the vehicle when the underlying event of nonpayment
111	111	occurred.
112	112	(i) A registered owner who is the lessor of a vehicle for
113	113	which a notice of nonpayment has been issued is not liable if, not
114	114	later than the 30th day after the date the notice of nonpayment is
115	115	mailed, the registered owner provides to the authority:
116	116	(1) a copy of the rental, lease, or other contract
117	117	document [agreement] covering the vehicle on the date of the
118	118	nonpayment, with the[. The] name and address of the lessee [must
119	119	be] clearly legible; or
120	120	(2) an electronic document, other than a photocopy or
121	121	scan of a rental or lease contract, that contains the information
122	122	required by Sections 521.460(c)(1)-(3) covering the vehicle on the
123	123	date of the nonpayment under this section.
124	124	(j) If the lessor timely provides the [required]
125	125	information required by Subsection (i), the lessee of the vehicle
126	126	on the date of the violation is considered to be the owner of the
127	127	vehicle for purposes of this section. The lessee is subject to
128	128	prosecution for failure to pay the proper toll if the authority
129	129	sends a notice of nonpayment to the lessee by first-class mail not
130	130	later than the 30th day after the date of the receipt of the
131	131	information from the lessor.
132	132	SECTION 6. Section 370.177, Transportation Code, is amended
133	133	by amending Subsections (e) and (i) and adding Subsection (e-1) to
134	134	read as follows:
135	135	(e) It is an exception to the application of Subsection (b)
136	136	or (d) that the registered owner of the vehicle is a lessor of the
137	137	vehicle and not later than the 30th day after the date the notice of
138	138	nonpayment is mailed provides to the authority:
139	139	(1) a copy of the rental, lease, or other contract
140	140	document covering the vehicle on the date of the nonpayment under
141	141	Subsection (a), with the name and address of the lessee clearly
142	142	legible; or
143	143	(2) an electronic document, other than a photocopy or
144	144	scan of a rental or lease contract, that contains the information
145	145	required by Sections 521.460(c)(1)-(3) covering the vehicle on the
146	146	date of the nonpayment under Subsection (a).
147	147	(e-1) If the lessor provides the required information
148	148	within the period prescribed by Subsection (e), the authority may
149	149	send a notice of nonpayment to the lessee at the address provided in
150	150	the document under that subsection [shown on the contract document]
151	151	by first class mail before the 30th day after the date of receipt of
152	152	the required information from the lessor. The lessee of the vehicle
153	153	for which the proper toll was not paid who is mailed a written
154	154	notice of nonpayment under this subsection and fails to pay the
155	155	proper toll and administrative fee within the time specified by the
156	156	notice of nonpayment commits an offense. The lessee shall pay a
157	157	separate toll and administrative fee for each event of nonpayment.
158	158	Each failure to pay a toll or administrative fee under this
159	159	subsection is a separate offense.
160	160	(i) In the prosecution of an offense under this section,
161	161	proof that the vehicle passed through a toll collection facility
162	162	without payment of the proper toll together with proof that the
163	163	defendant was the registered owner or the lessee [driver] of the
164	164	vehicle when the failure to pay occurred, establishes the
165	165	nonpayment of the registered owner or lessee. The proof may be by
166	166	testimony of a peace officer or authority employee, video
167	167	surveillance, or any other reasonable evidence, including:
168	168	(1) evidence obtained by automated enforcement
169	169	technology that the authority determines is necessary, including
170	170	automated enforcement technology described by Sections 228.058(a)
171	171	and (b); or
172	172	(2) a copy of the rental, lease, or other contract
173	173	document, or an electronic document provided to the authority under
174	174	Subsection (e) showing that the defendant was the lessee of the
175	175	vehicle when the underlying event of nonpayment occurred.
176	176	SECTION 7. The change in law made by this Act applies only
177	177	to a nonpayment of a toll that occurs on or after the effective date
178	178	of this Act. A nonpayment of a toll that occurs before the
179	179	effective date of this Act is covered by the law in effect when the
180	180	nonpayment occurred, and the former law is continued in effect for
181	181	that purpose.
182	182	SECTION 8. This Act takes effect September 1, 2009.