Texas 2017 - 85th Regular

Texas House Bill HB3017 Compare Versions

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

Old	New	Differences
1	1	85R6230 JTS-D
2	2	By: Minjarez H.B. No. 3017
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to toll collections and the imposition of administrative
8	8	fees and civil penalties for past-due tolls; eliminating certain
9	9	criminal offenses.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. PAYMENT OF TOLLS
12	12	SECTION 1.01. The heading to Subchapter C, Chapter 372,
13	13	Transportation Code, is amended to read as follows:
14	14	SUBCHAPTER C. TOLL INVOICES AND PAYMENT [NONPAYMENT OF TOLLS];
15	15	REMEDIES FOR NONPAYMENT
16	16	SECTION 1.02. Section 372.101, Transportation Code, is
17	17	amended to read as follows:
18	18	Sec. 372.101. APPLICABILITY. Sections 372.102, 372.103,
19	19	372.104, and 372.105 do [This subchapter does] not apply to a county
20	20	acting under Chapter 284.
21	21	SECTION 1.03. Subchapter C, Chapter 372, Transportation
22	22	Code, is amended by adding Sections 372.1011, 372.1012, and
23	23	372.1013 to read as follows:
24	24	Sec. 372.1011. TOLL NOT PAID AT TIME OF USE; INVOICE. (a)
25	25	As an alternative to requiring payment of a toll at the time a
26	26	vehicle uses a toll project, a toll project entity shall use video
27	27	recordings, photography, electronic data, transponders, or other
28	28	tolling methods, including automated enforcement technology, to
29	29	permit the registered owner of the vehicle to pay the toll at a
30	30	later date.
31	31	(b) A toll project entity shall send, using the address as
32	32	shown in vehicle registration records or obtained through other
33	33	reliable means, an invoice to the registered owner of a vehicle for
34	34	which a toll is not paid at the time the toll is incurred.
35	35	(c) Information collected for the purposes of collecting
36	36	toll payment, including contact, payment, and other account
37	37	information and trip data, is confidential and not subject to
38	38	disclosure under Chapter 552, Government Code.
39	39	Sec. 372.1012. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
40	40	invoice containing an assessment for the use of a toll project must:
41	41	(1) require payment not later than the 30th day after
42	42	the date the invoice is mailed; and
43	43	(2) conspicuously state:
44	44	(A) the amount due;
45	45	(B) the date by which the amount due must be paid;
46	46	and
47	47	(C) that failure to pay the amount due in the
48	48	required period:
49	49	(i) will result in the assessment of an
50	50	administrative fee; and
51	51	(ii) may result in liability for a civil
52	52	penalty.
53	53	Sec. 372.1013. PAYMENT OF TOLL INVOICE; CIVIL PENALTY FOR
54	54	FAILURE TO PAY AMOUNT OF INVOICE WITHIN 30 DAYS. (a) A person who
55	55	receives an invoice from a toll project entity for the use of a toll
56	56	project shall, not later than the due date specified in the invoice:
57	57	(1) pay the amount owed as stated in the invoice; or
58	58	(2) send a written request to the entity for a review
59	59	of the toll assessments contained in the invoice.
60	60	(b) If a person fails to comply with Subsection (a), the
61	61	toll project entity may add an administrative fee, not to exceed $6,
62	62	to the amount the person owes. A toll project entity:
63	63	(1) must set the administrative fee by rule in an
64	64	amount that does not exceed the cost of collecting the toll; and
65	65	(2) may not charge a person more than $48 in
66	66	administrative fees in a 12-month period.
67	67	(c) A person who receives two or more invoices for unpaid
68	68	tolls and who has not paid the amount due within 30 days of the date
69	69	of the invoice is subject to a civil penalty of $25. Only one civil
70	70	penalty may be assessed in a six-month period. An appropriate
71	71	district or county attorney may sue to collect the civil penalty and
72	72	the underlying toll and administrative fee.
73	73	(d) The court in which a person is found liable for a civil
74	74	penalty under Subsection (c) shall collect the civil penalty,
75	75	unpaid tolls, administrative fees, and any additional court costs
76	76	and forward the amounts to the appropriate toll project entity.
77	77	ARTICLE 2. CONFORMING CHANGES
78	78	SECTION 2.01. Section 102.0213, Government Code, is amended
79	79	to read as follows:
80	80	Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION
81	81	CODE. A person convicted of an offense shall pay the following
82	82	under the Transportation Code, in addition to all other costs:
83	83	(1) court cost on conviction of a misdemeanor under
84	84	Subtitle C, Title 7, Transportation Code (Sec. 542.403,
85	85	Transportation Code) . . . $3;
86	86	(2) cost for impoundment of vehicle (Sec. 601.263,
87	87	Transportation Code) . . . $15 per day; and
88	88	(3) a civil [and criminal] enforcement cost on a
89	89	finding of liability for a civil penalty in connection with an
90	90	assessed [conviction of an offense of, or related to, the
91	91	nonpayment of a] toll in certain counties (Sec. 284.2031,
92	92	Transportation Code) . . . $1.
93	93	SECTION 2.02. The heading to Section 228.054,
94	94	Transportation Code, is amended to read as follows:
95	95	Sec. 228.054. TOLL PAYMENT REQUIRED [FAILURE OR REFUSAL TO
96	96	PAY TOLL]; EMERGENCY VEHICLES EXEMPT [OFFENSE].
97	97	SECTION 2.03. Section 228.054(a), Transportation Code, is
98	98	amended to read as follows:
99	99	(a) Except as provided by Subsection (e) [or Section
100	100	228.0545], the operator of a vehicle, other than an authorized
101	101	emergency vehicle, as defined by Section 541.201, that is driven or
102	102	towed through a toll collection facility shall pay the proper toll.
103	103	The exemption from payment of a toll for an authorized emergency
104	104	vehicle applies regardless of whether the vehicle is:
105	105	(1) responding to an emergency;
106	106	(2) displaying a flashing light; or
107	107	(3) marked as an emergency vehicle.
108	108	SECTION 2.04. The heading to Section 228.055,
109	109	Transportation Code, is amended to read as follows:
110	110	Sec. 228.055. EXCEPTIONS FOR LEASED OR TRANSFERRED VEHICLE
111	111	[ADMINISTRATIVE FEE; NOTICE; OFFENSE].
112	112	SECTION 2.05. Sections 228.055(d), (d-1), (e), and (i),
113	113	Transportation Code, are amended to read as follows:
114	114	(d) It is an exception to liability of a vehicle's
115	115	registered owner for a toll incurred by the vehicle [the
116	116	application of Subsection (a) or (c)] if the registered owner of the
117	117	vehicle is a lessor of the vehicle and not later than the 30th day
118	118	after the date the invoice containing an assessment of the toll
119	119	[notice of nonpayment] is mailed provides to the department:
120	120	(1) a copy of the rental, lease, or other contract
121	121	document covering the vehicle on the date the toll was incurred [of
122	122	the nonpayment under Section 228.054 or the date the vehicle was
123	123	driven or towed through a toll collection facility that results in a
124	124	notice issued under Section 228.0545], with the name and address of
125	125	the lessee clearly legible; or
126	126	(2) electronic data, in a format agreed on by the
127	127	department and the lessor, other than a photocopy or scan of a
128	128	rental or lease contract, that contains the information required
129	129	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
130	130	the date the toll was incurred [of the nonpayment under Section
131	131	228.054 or the date the vehicle was driven or towed through a toll
132	132	collection facility that results in a notice issued under Section
133	133	228.0545].
134	134	(d-1) If the lessor provides the required information
135	135	within the period prescribed under Subsection (d), the department
136	136	may send an invoice [a notice of nonpayment] to the lessee at the
137	137	address provided under Subsection (d) by first class mail before
138	138	the 30th day after the date of receipt of the required information
139	139	from the lessor. [The lessee of the vehicle for which the proper
140	140	toll was not paid who is mailed a written notice of nonpayment under
141	141	this subsection and fails to pay the proper toll and administrative
142	142	fee within the time specified by the notice of nonpayment commits an
143	143	offense. The lessee shall pay a separate toll and administrative
144	144	fee for each event of nonpayment. Each failure to pay a toll or
145	145	administrative fee under this subsection is a separate offense.]
146	146	(e) It is an exception to liability of a vehicle's
147	147	registered owner for a toll incurred by the vehicle [the
148	148	application of Subsection (a) or (c)] if the registered owner of the
149	149	vehicle transferred ownership of the vehicle to another person
150	150	before the toll was incurred [event of nonpayment under Section
151	151	228.054 occurred or before the date the vehicle was driven or towed
152	152	through a toll collection facility that results in a notice issued
153	153	under Section 228.0545], submitted written notice of the transfer
154	154	to the department in accordance with Section 501.147, and, before
155	155	the 30th day after the date the invoice [notice of nonpayment] is
156	156	mailed, provides to the department the name and address of the
157	157	person to whom the vehicle was transferred. If the former owner of
158	158	the vehicle provides the required information within the period
159	159	prescribed, the department may send an invoice [a notice of
160	160	nonpayment] to the person to whom ownership of the vehicle was
161	161	transferred at the address provided by the former owner by first
162	162	class mail before the 30th day after the date of receipt of the
163	163	required information from the former owner. The department may
164	164	send all subsequent invoices [notices of nonpayment] associated
165	165	with the vehicle to the person to whom ownership of the vehicle was
166	166	transferred at the address provided by the former owner or an
167	167	alternate address provided by the subsequent owner or derived
168	168	through other reliable means. [The subsequent owner of the vehicle
169	169	for which the proper toll was not paid who is mailed a written
170	170	notice of nonpayment under this subsection and fails to pay the
171	171	proper toll and administrative fee within the time specified by the
172	172	notice of nonpayment commits an offense. The subsequent owner
173	173	shall pay a separate toll and administrative fee for each event of
174	174	nonpayment under Section 228.054 or 228.0545. Each failure to pay a
175	175	toll or administrative fee under this subsection is a separate
176	176	offense.]
177	177	(i) The department may contract, in accordance with Section
178	178	2107.003, Government Code, with a person to collect the unpaid toll
179	179	and any applicable administrative fee before referring the matter
180	180	to a court for collection of a civil penalty under Section 372.1013
181	181	[with jurisdiction over the offense].
182	182	SECTION 2.06. Section 228.056, Transportation Code, is
183	183	amended to read as follows:
184	184	Sec. 228.056. PROOF OF LIABILITY FOR TOLL; DEFENSE FOR
185	185	STOLEN VEHICLE [PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES]. (a)
186	186	Proof [In the prosecution of an offense under Section 228.054 or
187	187	228.055, proof] that a [the] vehicle was driven or towed through a
188	188	[the] toll collection facility without payment of the proper toll
189	189	may be shown by a video recording, photograph, electronic
190	190	recording, or other appropriate evidence, including evidence
191	191	obtained by automated enforcement technology.
192	192	(b) In determining liability for an incurred toll [the
193	193	prosecution of an offense under Section 228.055(c), (d-1), or (e)]:
194	194	(1) it is presumed that the invoice containing the
195	195	assessment for the toll [notice of nonpayment] was received on the
196	196	fifth day after the date of mailing;
197	197	(2) a computer record of the Texas Department of Motor
198	198	Vehicles of the registered owner of the vehicle is prima facie
199	199	evidence of its contents and that the person identified in the
200	200	record as the vehicle's registered owner [defendant] was the
201	201	registered owner of the vehicle when the toll was incurred
202	202	[underlying event of nonpayment under Section 228.054 occurred or
203	203	on the date the vehicle was driven or towed through a toll
204	204	collection facility that results in a notice issued under Section
205	205	228.0545]; and
206	206	(3) a copy of a [the] rental, lease, or other contract
207	207	document, or the electronic data provided to the department under
208	208	Section 228.055(d), covering the vehicle on the date the toll was
209	209	incurred [of the underlying event of nonpayment under Section
210	210	228.054 or on the date the vehicle was driven or towed through a
211	211	toll collection facility that results in a notice issued under
212	212	Section 228.0545] is prima facie evidence of its contents and that
213	213	the person identified in the document [defendant] was the lessee of
214	214	the vehicle when the toll was incurred [underlying event of
215	215	nonpayment under Section 228.054 occurred or when the vehicle was
216	216	driven or towed through a toll collection facility that results in a
217	217	notice issued under Section 228.0545].
218	218	(c) It is a defense to liability of a vehicle's registered
219	219	owner for a toll incurred by the vehicle [prosecution under Section
220	220	228.055(c), (d-1), or (e)] that the [motor] vehicle [in question]
221	221	was stolen before the toll was incurred [failure to pay the proper
222	222	toll occurred] and had not been recovered before the toll was
223	223	incurred [failure to pay occurred], but only if the theft was
224	224	reported to the appropriate law enforcement authority before the
225	225	earlier of:
226	226	(1) the time the toll was incurred [the occurrence of
227	227	the failure to pay]; or
228	228	(2) eight hours after the discovery of the theft.
229	229	SECTION 2.07. Section 228.059, Transportation Code, is
230	230	amended to read as follows:
231	231	Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
232	232	ENTITY[; OFFENSE]. An entity operating a toll lane pursuant to
233	233	Section 228.007(b) has, with regard to toll collection and
234	234	enforcement for that toll lane, the same powers and duties as the
235	235	department under this chapter. [A person who fails to pay a toll or
236	236	administrative fee imposed by the entity commits an offense. Each
237	237	failure to pay a toll or administrative fee imposed by the entity is
238	238	a separate offense. An offense under this section is a misdemeanor
239	239	punishable by a fine not to exceed $250, and the provisions of
240	240	Section 228.056 apply to the prosecution of the offense under this
241	241	section.] The entity may use revenues for improvement, extension,
242	242	expansion, or maintenance of the toll lane.
243	243	SECTION 2.08. The heading to Section 284.070,
244	244	Transportation Code, is amended to read as follows:
245	245	Sec. 284.070. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
246	246	EXEMPT [NONPAYMENT OF TOLL; OFFENSE].
247	247	SECTION 2.09. Sections 284.070(a) and (d), Transportation
248	248	Code, are amended to read as follows:
249	249	(a) A person who [commits an offense if the person:
250	250	[(1)] operates a vehicle on a county project shall[;
251	251	and
252	252	[(2) fails or refuses to] pay a toll imposed under
253	253	Section 284.069.
254	254	(d) In a county with a population over 2.8 million,
255	255	liability for a civil penalty under Section 372.1013 [an offense
256	256	under this section] may be determined [prosecuted] in any precinct
257	257	in the county in which the toll was incurred [offense was
258	258	committed].
259	259	SECTION 2.10. The heading to Section 284.0701,
260	260	Transportation Code, is amended to read as follows:
261	261	Sec. 284.0701. INVOICE; EXCEPTIONS FOR LEASED OR
262	262	TRANSFERRED VEHICLE [ADMINISTRATIVE COSTS; NOTICE; OFFENSE].
263	263	SECTION 2.11. Sections 284.0701(a), (b), (d), (d-1), and
264	264	(e), Transportation Code, are amended to read as follows:
265	265	(a) If a county does not collect a toll at the time the toll
266	266	is incurred by a vehicle [In the event of an offense committed]
267	267	under Section 284.070, the county shall assess the toll on and send
268	268	an invoice containing the assessment to the vehicle's registered
269	269	owner [on issuance of a written notice of nonpayment, the
270	270	registered owner of the nonpaying vehicle is liable for the payment
271	271	of both the proper toll and an administrative cost].
272	272	(b) [The county may impose and collect the administrative
273	273	cost so as to recover the expense of collecting the unpaid toll, not
274	274	to exceed $100.] The county shall send the invoice [a written
275	275	notice of nonpayment] to the registered owner of the vehicle at that
276	276	owner's address as shown in the vehicle registration records of the
277	277	Texas Department of Motor Vehicles by first-class mail not later
278	278	than the 30th day after the date the toll was incurred [of the
279	279	alleged failure to pay and may require payment not sooner than the
280	280	30th day after the date the notice was mailed. The registered owner
281	281	shall pay a separate toll and administrative cost for each event of
282	282	nonpayment under Section 284.070].
283	283	(d) It is an exception to the application of Subsection (a)
284	284	[or (c)] if the registered owner of the vehicle is a lessor of the
285	285	vehicle and not later than the 30th day after the date an invoice
286	286	containing an assessment of a toll [the notice of nonpayment] is
287	287	mailed provides to the authority:
288	288	(1) a copy of the rental, lease, or other contract
289	289	document covering the vehicle on the date the toll was incurred [of
290	290	the nonpayment under Section 284.070], with the name and address of
291	291	the lessee clearly legible; or
292	292	(2) electronic data, other than a photocopy or scan of
293	293	a rental or lease contract, that contains the information required
294	294	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
295	295	the date the toll was incurred [of the nonpayment under Section
296	296	284.070].
297	297	(d-1) If the lessor provides the required information
298	298	within the period prescribed under Subsection (d), the authority
299	299	may send an invoice containing an assessment of the incurred toll [a
300	300	notice of nonpayment] to the lessee at the address provided under
301	301	Subsection (d) by first class mail before the 30th day after the
302	302	date of receipt of the required information from the lessor. [The
303	303	lessee of the vehicle for which the proper toll was not paid who is
304	304	mailed a written notice of nonpayment under this subsection and
305	305	fails to pay the proper toll and administrative cost within the time
306	306	specified by the notice of nonpayment commits an offense. The
307	307	lessee shall pay a separate toll and administrative cost for each
308	308	event of nonpayment. Each failure to pay a toll or administrative
309	309	cost under this subsection is a separate offense.]
310	310	(e) It is an exception to the application of Subsection (a)
311	311	or Section 372.1011 [(c)] if the registered owner of the vehicle
312	312	transferred ownership of the vehicle to another person before the
313	313	time the toll was incurred [event of nonpayment under Section
314	314	284.070 occurred], submitted written notice of the transfer to the
315	315	Texas Department of Motor Vehicles in accordance with Section
316	316	501.147, and before the 30th day after the date the invoice
317	317	containing an assessment of the incurred toll [notice of
318	318	nonpayment] is mailed, provides to the county the name and address
319	319	of the person to whom the vehicle was transferred. If the former
320	320	owner of the vehicle provides the required information within the
321	321	period prescribed, the county may send an invoice [a notice of
322	322	nonpayment] to the person to whom ownership of the vehicle was
323	323	transferred at the address provided by the former owner by
324	324	first-class mail before the 30th day after the date of receipt of
325	325	the required information from the former owner. [The subsequent
326	326	owner of the vehicle for which the proper toll was not paid who is
327	327	mailed a written notice of nonpayment under this subsection and
328	328	fails to pay the proper toll and administrative cost within the time
329	329	specified by the notice of nonpayment commits an offense. The
330	330	subsequent owner shall pay a separate toll and administrative cost
331	331	for each event of nonpayment under Section 284.070. Each failure to
332	332	pay a toll or administrative cost under this subsection is a
333	333	separate offense.]
334	334	SECTION 2.12. Section 284.0702, Transportation Code, is
335	335	amended to read as follows:
336	336	Sec. 284.0702. PRIMA FACIE EVIDENCE; DEFENSE OF STOLEN
337	337	VEHICLE. (a) Proof [In the prosecution of an offense under Section
338	338	284.070 or 284.0701, proof] that a [the] vehicle was driven or towed
339	339	through a [the] toll collection facility without payment of the
340	340	proper toll may be shown by a video recording, photograph,
341	341	electronic recording, or other appropriate evidence, including
342	342	evidence obtained by automated enforcement technology.
343	343	(b) In determining liability for an incurred toll [the
344	344	prosecution of an offense under Section 284.0701(c), (d-1), or
345	345	(e)]:
346	346	(1) a computer record of the department of the
347	347	registered owner of the vehicle is prima facie evidence of its
348	348	contents and that the person identified in the record [defendant]
349	349	was the registered owner of the vehicle when the toll was incurred
350	350	[underlying event of nonpayment under Section 284.070 occurred];
351	351	and
352	352	(2) a copy of the rental, lease, or other contract
353	353	document, or the electronic data provided to the authority under
354	354	Section 284.0701(d), covering the vehicle on the date a toll was
355	355	incurred [of the underlying event of nonpayment under Section
356	356	284.070] is prima facie evidence of its contents and that the person
357	357	identified in the document [defendant] was the lessee of the
358	358	vehicle when the toll was incurred [underlying event of nonpayment
359	359	under Section 284.070 occurred].
360	360	(c) It is a defense to liability of a vehicle's registered
361	361	owner for a toll incurred by the vehicle [prosecution under Section
362	362	284.0701(c), (d-1), or (e)] that the vehicle in question was stolen
363	363	before the time the toll was incurred [failure to pay the proper
364	364	toll occurred] and had not been recovered before the time the toll
365	365	was incurred [failure to pay occurred], but only if the theft was
366	366	reported to the appropriate law enforcement authority before the
367	367	earlier of:
368	368	(1) the time the toll was incurred [occurrence of the
369	369	failure to pay]; or
370	370	(2) eight hours after the discovery of the theft.
371	371	SECTION 2.13. The heading to Subchapter D, Chapter 284,
372	372	Transportation Code, is amended to read as follows:
373	373	SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
374	374	[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
375	375	SECTION 2.14. The heading to Section 284.2031,
376	376	Transportation Code, is amended to read as follows:
377	377	Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT COST.
378	378	SECTION 2.15. Section 284.2031(a), Transportation Code, is
379	379	amended to read as follows:
380	380	(a) A county may impose, in addition to other costs, $1 as a
381	381	court cost on the imposition of a civil penalty associated with an
382	382	invoice for a toll incurred [conviction to a defendant convicted of
383	383	an offense] under Section [284.070,] 284.0701[, or 284.203] in an
384	384	action brought by the county or district attorney.
385	385	SECTION 2.16. Section 284.2032(a), Transportation Code, is
386	386	amended to read as follows:
387	387	(a) A county with a population of 3.3 million or more may
388	388	impose, in addition to other costs, $1 as an administrative cost
389	389	associated with collecting an incurred [a] toll or charge for each
390	390	toll or charge incurred [event of nonpayment of a required toll or
391	391	charge imposed] under Section 284.069.
392	392	SECTION 2.17. The heading to Section 366.178,
393	393	Transportation Code, is amended to read as follows:
394	394	Sec. 366.178. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
395	395	EXEMPT; DEFENSES FOR STOLEN OR LEASED VEHICLE [FAILURE OR REFUSAL
396	396	TO PAY TOLL].
397	397	SECTION 2.18. Sections 366.178(b-2), (f), (f-1), (g), (h),
398	398	(i), (i-1), and (k), Transportation Code, are amended to read as
399	399	follows:
400	400	(b-2) If the authority does not collect the proper toll at
401	401	the time a vehicle is driven or towed through a toll assessment
402	402	facility, the authority shall assess the incurred toll on and send
403	403	an invoice containing the assessment by first class mail to the
404	404	registered owner of the vehicle. The invoice may include one or more
405	405	tolls assessed by the authority for use of the project by the
406	406	[nonpaying] vehicle [and must specify the date by which the toll or
407	407	tolls must be paid. Except as provided by Subsection (b-3), the
408	408	registered owner shall pay the unpaid tolls included in the invoice
409	409	not later than the 25th day after the date the invoice is mailed].
410	410	(f) Except as provided by Subsection (f-1), [in the
411	411	prosecution of a violation for nonpayment,] proof that a [the]
412	412	vehicle passed through a toll assessment facility and that the
413	413	amount included in the invoice [the third notice of nonpayment] was
414	414	not paid before the date specified in the invoice [notice],
415	415	together with proof that the person to whom the invoice was mailed
416	416	[defendant] was the registered owner or the driver of the vehicle
417	417	when the [unpaid] toll was incurred [assessed], establishes
418	418	liability of the invoice recipient [the nonpayment of the
419	419	registered owner]. The proof may be by testimony of a peace officer
420	420	or authority employee, video surveillance, or any other reasonable
421	421	evidence, including a copy of the rental, lease, or other contract
422	422	document or the electronic data provided to the authority under
423	423	Subsection (i) that shows the invoice recipient [defendant] was the
424	424	lessee of the vehicle when the [unpaid] toll was incurred
425	425	[assessed].
426	426	(f-1) Liability of [Nonpayment by] the registered owner of a
427	427	[the] vehicle for tolls incurred by the vehicle may be established
428	428	by:
429	429	(1) a copy of a written agreement between the
430	430	authority and the registered owner for the payment of unpaid tolls
431	431	and administrative fees; and
432	432	(2) evidence that the registered owner is in default
433	433	under the agreement.
434	434	(g) The court of the local jurisdiction in which a [the
435	435	unpaid] toll was incurred [assessed] may assess and collect the
436	436	amounts owed under a written agreement between the authority and
437	437	the registered owner [fine] in addition to any court costs. The
438	438	court may collect and forward to the authority the amounts owed
439	439	under the agreement [properly assessed unpaid tolls,
440	440	administrative fees, and third-party collection service fees
441	441	incurred by the authority as determined by:
442	442	[(1) the court after a hearing; or
443	443	[(2) written agreement of the registered owner].
444	444	(h) It is a defense to liability of a vehicle's registered
445	445	owner for a toll incurred by the vehicle [nonpayment under this
446	446	section] that the motor vehicle in question was stolen before the
447	447	time the toll was incurred [failure to pay the proper toll occurred]
448	448	and was not recovered by the time the toll was incurred [of the
449	449	failure to pay], but only if the theft was reported to the
450	450	appropriate law enforcement authority before the earlier of:
451	451	(1) the time the toll was incurred [occurrence of the
452	452	failure to pay]; or
453	453	(2) eight hours after the discovery of the theft.
454	454	(i) A registered owner who is the lessor of a vehicle for
455	455	which an invoice is mailed under Subsection (b-2) or (b-3) is not
456	456	liable if, not later than the 30th day after the date the invoice is
457	457	mailed, the registered owner provides to the authority:
458	458	(1) a copy of the rental, lease, or other contract
459	459	document covering the vehicle on the date the [unpaid] toll was
460	460	incurred [assessed], with the name and address of the lessee
461	461	clearly legible; or
462	462	(2) electronic data, other than a photocopy or scan of
463	463	a rental or lease contract, that contains the information required
464	464	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
465	465	the date the [unpaid] toll was incurred [assessed] under this
466	466	section.
467	467	(i-1) If the lessor timely provides the required
468	468	information under Subsection (i), the lessee of the vehicle on the
469	469	date the [unpaid] toll was incurred [assessed] is considered to be
470	470	the registered owner of the vehicle for purposes of this section,
471	471	and the authority shall follow the procedures provided by this
472	472	section as if the lessee were the registered owner of the vehicle,
473	473	including sending an invoice to the lessee by first-class mail not
474	474	later than the 30th day after the date of the receipt of the
475	475	information from the lessor.
476	476	(k) As authorized under Section 322.008(d)(2), Business &
477	477	Commerce Code, an authority may provide information, including an
478	478	invoice [or notice], required under this section to be sent first
479	479	class mail instead as an electronic record:
480	480	(1) if the recipient of the information agrees to the
481	481	transmission of the information as an electronic record; and
482	482	(2) on terms acceptable to the recipient.
483	483	SECTION 2.19. The heading to Section 370.177,
484	484	Transportation Code, is amended to read as follows:
485	485	Sec. 370.177. TOLL PAYMENT REQUIRED; INVOICE; EMERGENCY
486	486	VEHICLES EXEMPT; DEFENSES FOR STOLEN, TRANSFERRED, OR LEASED
487	487	VEHICLE [FAILURE OR REFUSAL TO PAY TURNPIKE PROJECT TOLL; OFFENSE;
488	488	ADMINISTRATIVE PENALTY].
489	489	SECTION 2.20. Sections 370.177(a), (b), (c), (e), (e-1),
490	490	(f), (i), and (j), Transportation Code, are amended to read as
491	491	follows:
492	492	(a) Except as provided by Subsection (a-1), the operator of
493	493	a vehicle, other than an authorized emergency vehicle as defined by
494	494	Section 541.201, that is driven or towed through a toll collection
495	495	facility of a turnpike project shall pay the proper toll. [The
496	496	operator of a vehicle who drives or tows a vehicle through a toll
497	497	collection facility and does not pay the proper toll commits an
498	498	offense. An offense under this subsection is a misdemeanor
499	499	punishable by a fine not to exceed $250.] The exemption from
500	500	payment of a toll for an authorized emergency vehicle applies
501	501	regardless of whether the vehicle is:
502	502	(1) responding to an emergency;
503	503	(2) displaying a flashing light; or
504	504	(3) marked as an emergency vehicle.
505	505	(b) If a [In the event of nonpayment of the proper] toll is
506	506	not paid at the time the toll is incurred by a vehicle [as required
507	507	by Subsection (a)], the authority shall assess the incurred toll on
508	508	and send an invoice containing the assessment to [on issuance of a
509	509	written notice of nonpayment,] the registered owner of the
510	510	[nonpaying] vehicle [is liable for the payment of both the proper
511	511	toll and an administrative fee].
512	512	(c) [The authority may impose and collect the
513	513	administrative fee to recover the cost of collecting the unpaid
514	514	toll, not to exceed $100.] The authority shall send the invoice
515	515	containing the toll assessment [a written notice of nonpayment] to
516	516	the registered owner of the vehicle at that owner's address as shown
517	517	in the vehicle registration records of the department by first
518	518	class mail not later than the 30th day after the date the toll was
519	519	incurred [of the alleged failure to pay and may require payment not
520	520	sooner than the 30th day after the date the notice was mailed. The
521	521	registered owner shall pay a separate toll and administrative fee
522	522	for each event of nonpayment under Subsection (a)].
523	523	(e) It is an exception to the liability of a vehicle's
524	524	registered owner for a toll incurred by the vehicle [the
525	525	application of Subsection (b) or (d)] that the registered owner [of
526	526	the vehicle] is a lessor of the vehicle and not later than the 30th
527	527	day after the date the invoice [notice of nonpayment] is mailed
528	528	provides to the authority:
529	529	(1) a copy of the rental, lease, or other contract
530	530	document covering the vehicle on the date the toll was incurred [of
531	531	the nonpayment under Subsection (a)], with the name and address of
532	532	the lessee clearly legible; or
533	533	(2) electronic data, other than a photocopy or scan of
534	534	a rental or lease contract, that contains the information required
535	535	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
536	536	the date the toll was incurred [of the nonpayment under Subsection
537	537	(a)].
538	538	(e-1) If the lessor provides the required information
539	539	within the period prescribed under Subsection (e), the authority
540	540	may send an invoice [a notice of nonpayment] to the lessee at the
541	541	address provided under Subsection (e) by first class mail before
542	542	the 30th day after the date of receipt of the required information
543	543	from the lessor. [The lessee of the vehicle for which the proper
544	544	toll was not paid who is mailed a written notice of nonpayment under
545	545	this subsection and fails to pay the proper toll and administrative
546	546	fee within the time specified by the notice of nonpayment commits an
547	547	offense. The lessee shall pay a separate toll and administrative
548	548	fee for each event of nonpayment. Each failure to pay a toll or
549	549	administrative fee under this subsection is a separate offense.]
550	550	(f) It is an exception to the liability of a vehicle's
551	551	registered owner for a toll incurred by the vehicle [the
552	552	application of Subsection (b) or (d)] that the registered owner [of
553	553	the vehicle] transferred ownership of the vehicle to another person
554	554	before the time the toll was incurred [event of nonpayment under
555	555	Subsection (a) occurred], submitted written notice of the transfer
556	556	to the department in accordance with Section 501.147, and before
557	557	the 30th day after the date the invoice containing an assessment of
558	558	the toll [notice of nonpayment] is mailed, provides to the
559	559	authority the name and address of the person to whom the vehicle was
560	560	transferred. If the former owner of the vehicle provides the
561	561	required information within the period prescribed, the authority
562	562	may send an invoice containing an assessment of the toll [a notice
563	563	of nonpayment] to the person to whom ownership of the vehicle was
564	564	transferred at the address provided by the former owner by first
565	565	class mail before the 30th day after the date of receipt of the
566	566	required information from the former owner. [The subsequent owner
567	567	of the vehicle for which the proper toll was not paid who is mailed a
568	568	written notice of nonpayment under this subsection and fails to pay
569	569	the proper toll and administrative fee within the time specified by
570	570	the notice of nonpayment commits an offense. The subsequent owner
571	571	shall pay a separate toll and administrative fee for each event of
572	572	nonpayment under Subsection (a). Each failure to pay a toll or
573	573	administrative fee under this subsection is a separate offense.]
574	574	(i) Proof [In the prosecution of an offense under this
575	575	section, proof] that a [the] vehicle passed through a toll
576	576	collection facility without payment of the proper toll together
577	577	with proof that the invoice recipient [defendant] was the
578	578	registered owner or the driver of the vehicle when the toll was
579	579	incurred [failure to pay occurred], establishes liability of the
580	580	invoice recipient [the nonpayment of the registered owner]. The
581	581	proof may be by testimony of a peace officer or authority employee,
582	582	video surveillance, or any other reasonable evidence, including:
583	583	(1) evidence obtained by automated enforcement
584	584	technology that the authority determines is necessary, including
585	585	automated enforcement technology described by Sections 228.058(a)
586	586	and (b); or
587	587	(2) a copy of the rental, lease, or other contract
588	588	document or the electronic data provided to the authority under
589	589	Subsection (e) that shows that the invoice recipient [the
590	590	defendant] was the lessee of the vehicle when the toll was incurred
591	591	[underlying event of nonpayment occurred].
592	592	(j) It is a defense to liability of a vehicle's registered
593	593	owner for a toll incurred by the vehicle [prosecution under this
594	594	section] that the motor vehicle in question was stolen before the
595	595	toll was incurred [failure to pay the proper toll occurred] and was
596	596	not recovered by the time the toll was incurred [of the failure to
597	597	pay], but only if the theft was reported to the appropriate law
598	598	enforcement authority before the earlier of:
599	599	(1) the time the toll was incurred [occurrence of the
600	600	failure to pay]; or
601	601	(2) eight hours after the discovery of the theft.
602	602	SECTION 2.21. The heading to Section 372.105,
603	603	Transportation Code, is amended to read as follows:
604	604	Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
605	605	PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
606	606	SECTION 2.22. Sections 372.105(a) and (b), Transportation
607	607	Code, are amended to read as follows:
608	608	(a) A toll project entity may, in lieu of mailing an invoice
609	609	[a written notice of nonpayment], serve with an invoice [a written
610	610	notice of nonpayment] in person an owner of a vehicle that is not
611	611	registered in this state, including the owner of a vehicle
612	612	registered in another state of the United States, the United
613	613	Mexican States, a state of the United Mexican States, or another
614	614	country or territory. An invoice [A notice of nonpayment] may also
615	615	be served by an employee of a governmental entity operating an
616	616	international bridge at the time a vehicle with a record of
617	617	nonpayment seeks to enter or leave this state.
618	618	(b) An invoice [Each written notice of nonpayment] issued
619	619	under Subsection (a) must be paid not later than the 30th day after
620	620	the date the invoice is issued [shall include a warning that the
621	621	failure to pay the amounts in the notice may result in the toll
622	622	project entity's exercise of the habitual violator remedies under
623	623	this subchapter].
624	624	ARTICLE 3. REPEALERS
625	625	SECTION 3.01. The following sections of the Transportation
626	626	Code are repealed:
627	627	(1) Sections 228.054(b) and (c);
628	628	(2) Section 228.0545;
629	629	(3) Sections 228.055(a), (b), (c), (f), (g), and (h);
630	630	(4) Sections 284.0701(c), (f), and (g);
631	631	(5) Sections 284.202, 284.203, 284.2031(b), 284.204,
632	632	284.205, 284.206, 284.207, 284.208, 284.209, 284.210, 284.211, and
633	633	284.212;
634	634	(6) Sections 366.178(b), (b-1), (b-4), (c), (d),
635	635	(d-1), (d-2), and (e);
636	636	(7) Sections 370.177(d), (g), and (h);
637	637	(8) Sections 372.105(c), (d), (e), and (f);
638	638	(9) Sections 372.106, 372.107, 372.108, 372.109,
639	639	372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
640	640	(10) Section 502.011.
641	641	ARTICLE 4. TRANSITION; EFFECTIVE DATE
642	642	SECTION 4.01. The changes in law made by this Act apply only
643	643	to a toll incurred on or after the effective date of this Act. A
644	644	toll incurred before the effective date of this Act is governed by
645	645	the law in effect on the date the toll was incurred, and the former
646	646	law is continued in effect for that purpose.
647	647	SECTION 4.02. This Act takes effect January 1, 2018.