81R11668 TRH-F
By: Hegar S.B. No. 1610
A BILL TO BE ENTITLED
AN ACT
relating to liability of vehicle lessees for unpaid tolls.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 228.055, Transportation Code, is amended
by amending Subsection (d) and adding Subsection (d-1) to read as
follows:
(d) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle is a lessor of the
vehicle and not later than the 30th day after the date the notice of
nonpayment is mailed provides to the department:
(1) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the nonpayment under
Section 228.054, with the name and address of the lessee clearly
legible; or
(2) an electronic document, other than a photocopy or
scan of a rental or lease contract, that contains the information
required by Sections 521.460(c)(1)-(3) covering the vehicle on the
date of the nonpayment under Section 228.054.
(d-1) If the lessor provides the required information
within the period prescribed by Subsection (d), the department may
send a notice of nonpayment to the lessee at the address provided in
the document under that subsection [shown on the contract document]
by first class mail before the 30th day after the date of receipt of
the required information from the lessor. The lessee of the vehicle
for which the proper toll was not paid who is mailed a written
notice of nonpayment under this subsection and fails to pay the
proper toll and administrative fee within the time specified by the
notice of nonpayment commits an offense. The lessee shall pay a
separate toll and administrative fee for each event of nonpayment.
Each failure to pay a toll or administrative fee under this
subsection is a separate offense.
SECTION 2. Section 228.056(b), Transportation Code, is
amended to read as follows:
(b) In the prosecution of an offense under Section
228.055(c), (d-1) [(d)], or (e):
(1) it is presumed that the notice of nonpayment was
received on the fifth day after the date of mailing;
(2) a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
228.054 occurred; and
(3) a copy of the rental, lease, or other contract
document, or an electronic document provided to the department
under Section 228.055(d) [covering the vehicle on the date of the
underlying event of nonpayment under Section 228.054] is prima
facie evidence of its contents and that the defendant was the lessee
of the vehicle when the underlying event of nonpayment under
Section 228.054 occurred.
SECTION 3. Section 284.0701, Transportation Code, is
amended by amending Subsection (d) and adding Subsection (d-1) to
read as follows:
(d) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle is a lessor of the
vehicle and not later than the 30th day after the date the notice of
nonpayment is mailed provides to the authority:
(1) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the nonpayment under
Section 284.070, with the name and address of the lessee clearly
legible; or
(2) an electronic document, other than a photocopy or
scan of a rental or lease contract, that contains the information
required by Sections 521.460(c)(1)-(3) covering the vehicle on the
date of the nonpayment under Section 284.070.
(d-1) If the lessor provides the required information
within the period prescribed by Subsection (d), the authority may
send a notice of nonpayment to the lessee at the address provided in
the document under that subsection [shown on the contract document]
by first class mail before the 30th day after the date of receipt of
the required information from the lessor. The lessee of the vehicle
for which the proper toll was not paid who is mailed a written
notice of nonpayment under this subsection and fails to pay the
proper toll and administrative cost within the time specified by
the notice of nonpayment commits an offense. The lessee shall pay a
separate toll and administrative cost for each event of nonpayment.
Each failure to pay a toll or administrative cost under this
subsection is a separate offense.
SECTION 4. Section 284.0702(b), Transportation Code, is
amended to read as follows:
(b) In the prosecution of an offense under Section
284.0701(c), (d-1) [(d)], or (e):
(1) [,] a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
284.070 occurred; and
(2) a copy of the rental, lease, or other contract
document, or an electronic document provided to the authority under
Section 284.0701(d) is prima facie evidence of its contents and
that the defendant was the lessee of the vehicle when the underlying
event of nonpayment under Section 284.070 occurred.
SECTION 5. Section 366.178, Transportation Code, is amended
by amending Subsections (f) and (i) and adding Subsection (j) to
read as follows:
(f) In the prosecution of a violation for nonpayment, proof
that the vehicle passed through a toll collection facility without
payment of the proper toll together with proof that the defendant
was the registered owner or the lessee [driver] of the vehicle when
the failure to pay occurred, establishes the nonpayment of the
registered owner or lessee. The proof may be by testimony of a
peace officer or authority employee, video surveillance, or any
other reasonable evidence, including a copy of a rental, lease, or
other contract document, or an electronic document provided to the
authority under Subsection (i) showing that the defendant was the
lessee of the vehicle when the underlying event of nonpayment
occurred.
(i) A registered owner who is the lessor of a vehicle for
which a notice of nonpayment has been issued is not liable if, not
later than the 30th day after the date the notice of nonpayment is
mailed, the registered owner provides to the authority:
(1) a copy of the rental, lease, or other contract
document [agreement] covering the vehicle on the date of the
nonpayment, with the[. The] name and address of the lessee [must
be] clearly legible; or
(2) an electronic document, other than a photocopy or
scan of a rental or lease contract, that contains the information
required by Sections 521.460(c)(1)-(3) covering the vehicle on the
date of the nonpayment under this section.
(j) If the lessor timely provides the [required]
information required by Subsection (i), the lessee of the vehicle
on the date of the violation is considered to be the owner of the
vehicle for purposes of this section. The lessee is subject to
prosecution for failure to pay the proper toll if the authority
sends a notice of nonpayment to the lessee by first-class mail not
later than the 30th day after the date of the receipt of the
information from the lessor.
SECTION 6. Section 370.177, Transportation Code, is amended
by amending Subsections (e) and (i) and adding Subsection (e-1) to
read as follows:
(e) It is an exception to the application of Subsection (b)
or (d) that the registered owner of the vehicle is a lessor of the
vehicle and not later than the 30th day after the date the notice of
nonpayment is mailed provides to the authority:
(1) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the nonpayment under
Subsection (a), with the name and address of the lessee clearly
legible; or
(2) an electronic document, other than a photocopy or
scan of a rental or lease contract, that contains the information
required by Sections 521.460(c)(1)-(3) covering the vehicle on the
date of the nonpayment under Subsection (a).
(e-1) If the lessor provides the required information
within the period prescribed by Subsection (e), the authority may
send a notice of nonpayment to the lessee at the address provided in
the document under that subsection [shown on the contract document]
by first class mail before the 30th day after the date of receipt of
the required information from the lessor. The lessee of the vehicle
for which the proper toll was not paid who is mailed a written
notice of nonpayment under this subsection and fails to pay the
proper toll and administrative fee within the time specified by the
notice of nonpayment commits an offense. The lessee shall pay a
separate toll and administrative fee for each event of nonpayment.
Each failure to pay a toll or administrative fee under this
subsection is a separate offense.
(i) In the prosecution of an offense under this section,
proof that the vehicle passed through a toll collection facility
without payment of the proper toll together with proof that the
defendant was the registered owner or the lessee [driver] of the
vehicle when the failure to pay occurred, establishes the
nonpayment of the registered owner or lessee. The proof may be by
testimony of a peace officer or authority employee, video
surveillance, or any other reasonable evidence, including:
(1) evidence obtained by automated enforcement
technology that the authority determines is necessary, including
automated enforcement technology described by Sections 228.058(a)
and (b); or
(2) a copy of the rental, lease, or other contract
document, or an electronic document provided to the authority under
Subsection (e) showing that the defendant was the lessee of the
vehicle when the underlying event of nonpayment occurred.
SECTION 7. The change in law made by this Act applies only
to a nonpayment of a toll that occurs on or after the effective date
of this Act. A nonpayment of a toll that occurs before the
effective date of this Act is covered by the law in effect when the
nonpayment occurred, and the former law is continued in effect for
that purpose.
SECTION 8. This Act takes effect September 1, 2009.