Texas 2011 - 82nd Regular

Texas Senate Bill SB469 Compare Versions

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1	1	82R23290 ACP-D
2	2	By: Nelson, et al. S.B. No. 469
3	3	(Patrick)
4	4	Substitute the following for S.B. No. 469: No.
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the collection of unpaid tolls by a regional tollway
10	10	authority.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 366.003, Transportation Code, is amended
13	13	by adding Subdivision (10-a) to read as follows:
14	14	(10-a) "Toll assessment facility" means a location on
15	15	a turnpike project where a vehicle that is driven or towed through
16	16	the facility is assessed a toll for the use of the project.
17	17	SECTION 2. Section 366.178, Transportation Code, is amended
18	18	by amending Subsections (a), (b), (c), (d), (e), (f), (g), (i), and
19	19	(i-1) and adding Subsections (b-1), (b-2), (b-3), (b-4), (d-1),
20	20	(d-2), and (f-1) to read as follows:
21	21	(a) A motor vehicle other than an authorized emergency
22	22	vehicle, as defined by Section 541.201, that passes through a toll
23	23	assessment [collection] facility, whether driven or towed, shall
24	24	pay the proper toll. The exemption from payment of a toll for an
25	25	authorized emergency vehicle applies regardless of whether the
26	26	vehicle is:
27	27	(1) responding to an emergency;
28	28	(2) displaying a flashing light; or
29	29	(3) marked as a police or emergency vehicle.
30	30	(b) A person who fails or refuses to pay a toll provided for
31	31	the use of a project is liable for a fine not to exceed $250, plus
32	32	any [an] administrative fees [fee] incurred in connection with the
33	33	violation.
34	34	(b-1) As an alternative to requiring payment of a toll at
35	35	the time a vehicle is driven or towed through a toll assessment
36	36	facility, the authority shall use video recordings, photography,
37	37	electronic data, transponders, or other tolling methods to permit
38	38	the registered owner of the nonpaying vehicle to pay the toll at a
39	39	later date.
40	40	(b-2) If the authority does not collect the proper toll at
41	41	the time a vehicle is driven or towed through a toll assessment
42	42	facility, the authority shall send an invoice by first class mail to
43	43	the registered owner of the vehicle. The invoice may include one or
44	44	more tolls assessed by the authority for use of the project by the
45	45	nonpaying vehicle and must specify the date by which the toll or
46	46	tolls must be paid. Except as provided by Subsection (b-3), the
47	47	registered owner shall pay the unpaid tolls included in the invoice
48	48	not later than the 30th day after the date the invoice is mailed.
49	49	(b-3) If the address to which the invoice issued under
50	50	Subsection (b-2) is mailed to the registered owner is determined to
51	51	be incorrect, the registered owner shall pay the invoice not later
52	52	than the 30th day after the date the invoice is mailed to the
53	53	correct address.
54	54	(b-4) If the registered owner of the nonpaying vehicle fails
55	55	to pay the unpaid tolls included in the invoice mailed under
56	56	Subsection (b-2) or (b-3) by the date specified in the invoice, the
57	57	authority shall send the first notice of nonpayment by first class
58	58	mail to the registered owner of the nonpaying vehicle as provided by
59	59	Subsection (d).
60	60	(c) On [If a person fails to pay the proper toll:
61	61	[(1) on] issuance of the first [a] notice of
62	62	nonpayment, the registered owner of the nonpaying vehicle shall pay
63	63	both the unpaid tolls included in the invoice and an [the proper
64	64	toll and the] administrative fee. The authority may charge only one
65	65	administrative fee of not more than $25 for the first notice of
66	66	nonpayment that is sent to the registered owner of the nonpaying
67	67	vehicle[; and
68	68	[(2) an authority may charge an administrative fee of
69	69	not more than $100 to recover the cost of collecting the unpaid
70	70	toll].
71	71	(d) Unless an authority requires additional time to send a
72	72	notice of nonpayment because of events outside the authority's
73	73	reasonable control, the authority shall send the first notice of
74	74	nonpayment not later than the 30th day after the date the 30-day
75	75	period expires for the registered owner to pay the invoice issued
76	76	under Subsection (b-2) or (b-3). If an authority requires
77	77	additional time as provided by this subsection, the authority must
78	78	send the notice not later than the 60th day after the date the
79	79	30-day period expires for the registered owner to pay the invoice
80	80	issued under Subsection (b-2) or (b-3). The first notice [Notice]
81	81	of nonpayment [under Subsection (c)(1)] shall [be sent by
82	82	first-class mail and may not] require payment of the unpaid tolls
83	83	included in the invoice [the proper toll] and the administrative
84	84	fee before the 30th day after the date the first notice of
85	85	nonpayment is mailed[. The registered owner shall pay a separate
86	86	toll and administrative fee for each nonpayment].
87	87	(d-1) If the registered owner of the nonpaying vehicle fails
88	88	to pay the unpaid tolls and the administrative fee by the date
89	89	specified in the first notice of nonpayment, the authority shall
90	90	send a second notice of nonpayment by first class mail to the
91	91	registered owner of the nonpaying vehicle. The second notice of
92	92	nonpayment must specify the date by which payment must be made and
93	93	may require payment of:
94	94	(1) the unpaid tolls and administrative fee included
95	95	in the first notice of nonpayment; and
96	96	(2) an additional administrative fee of not more than
97	97	$25 for each unpaid toll included in the notice, not to exceed a
98	98	total of $200.
99	99	(d-2) If the registered owner of the nonpaying vehicle fails
100	100	to pay the amount included in the second notice of nonpayment by the
101	101	date specified in that notice, the authority shall send a third
102	102	notice of nonpayment by first class mail to the registered owner of
103	103	the nonpaying vehicle. The third notice of nonpayment must specify
104	104	the date by which payment must be made and may require payment of:
105	105	(1) the amount included in the second notice of
106	106	nonpayment; and
107	107	(2) any third-party collection service fees incurred
108	108	by the authority.
109	109	(e) If the registered owner of the vehicle fails to pay the
110	110	amount included in the third notice of nonpayment by the date
111	111	[proper toll and administrative fee in the time] specified in [by]
112	112	the notice, the owner may [shall] be cited as for other traffic
113	113	violations as provided by law, and the owner shall pay a fine of not
114	114	more than $250 for each nonpayment of a toll.
115	115	(f) Except as provided by Subsection (f-1), in [In] the
116	116	prosecution of a violation for nonpayment, proof that the vehicle
117	117	passed through a toll assessment [collection] facility and that the
118	118	amount included in the third notice of nonpayment was not paid
119	119	before the date specified in the notice, [without payment of the
120	120	proper toll] together with proof that the defendant was the
121	121	registered owner or the driver of the vehicle when the unpaid toll
122	122	was assessed [failure to pay occurred], establishes the nonpayment
123	123	of the registered owner. The proof may be by testimony of a peace
124	124	officer or authority employee, video surveillance, or any other
125	125	reasonable evidence, including a copy of the rental, lease, or
126	126	other contract document or the electronic data provided to the
127	127	authority under Subsection (i) that shows the defendant was the
128	128	lessee of the vehicle when the unpaid toll was assessed [underlying
129	129	event of nonpayment occurred].
130	130	(f-1) Nonpayment by the registered owner of the vehicle may
131	131	be established by:
132	132	(1) a copy of a written agreement between the
133	133	authority and the registered owner for the payment of unpaid tolls
134	134	and administrative fees; and
135	135	(2) evidence that the registered owner is in default
136	136	under the agreement.
137	137	(g) The court of the local jurisdiction in which the unpaid
138	138	toll was assessed [violation occurs] may assess and collect the
139	139	fine in addition to any court costs. The court shall collect the
140	140	unpaid tolls, [proper toll and] administrative fees, and
141	141	third-party collection service fees incurred by the authority on or
142	142	before the date the fines and court costs are collected by the court
143	143	[fee] and forward the tolls [toll] and fees [fee] to the authority.
144	144	Payment of the unpaid tolls, administrative fees, and third-party
145	145	collection service fees by the registered owner may not be waived by
146	146	the court unless the court finds that the registered owner of the
147	147	vehicle is indigent.
148	148	(i) A registered owner who is the lessor of a vehicle for
149	149	which an invoice is mailed under Subsection (b-2) or (b-3) [a notice
150	150	of nonpayment has been issued] is not liable if, not later than the
151	151	30th day after the date the invoice [notice of nonpayment] is
152	152	mailed, the registered owner provides to the authority:
153	153	(1) a copy of the rental, lease, or other contract
154	154	document covering the vehicle on the date the unpaid toll was
155	155	assessed [of the nonpayment], with the name and address of the
156	156	lessee clearly legible; or
157	157	(2) electronic data, other than a photocopy or scan of
158	158	a rental or lease contract, that contains the information required
159	159	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
160	160	the date the unpaid toll was assessed [of the nonpayment] under this
161	161	section.
162	162	(i-1) If the lessor timely provides the required
163	163	information under Subsection (i), the lessee of the vehicle on the
164	164	date the unpaid toll was assessed [of the violation] is considered
165	165	to be the registered owner of the vehicle for purposes of this
166	166	section, and the authority shall follow the procedures provided by
167	167	this section as if the lessee were the registered owner of the
168	168	vehicle, including sending an invoice[. The lessee is subject to
169	169	prosecution for failure to pay the proper toll if the authority
170	170	sends a notice of nonpayment] to the lessee by first-class mail not
171	171	later than the 30th day after the date of the receipt of the
172	172	information from the lessor.
173	173	SECTION 3. Section 366.178, Transportation Code, as amended
174	174	by this Act, applies only to a vehicle that is driven or towed
175	175	through a toll assessment facility, as defined by Section 366.003,
176	176	Transportation Code, as amended by this Act, on or after the
177	177	effective date of this Act. A toll that is assessed before the
178	178	effective date of this Act is governed by the law in effect on the
179	179	date the vehicle was driven or towed through a toll assessment
180	180	facility, and the former law is continued in effect for that
181	181	purpose.
182	182	SECTION 4. This Act takes effect September 1, 2011.