85R6230 JTS-D
By: Minjarez H.B. No. 3017
A BILL TO BE ENTITLED
AN ACT
relating to toll collections and the imposition of administrative
fees and civil penalties for past-due tolls; eliminating certain
criminal offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PAYMENT OF TOLLS
SECTION 1.01. The heading to Subchapter C, Chapter 372,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. TOLL INVOICES AND PAYMENT [NONPAYMENT OF TOLLS];
REMEDIES FOR NONPAYMENT
SECTION 1.02. Section 372.101, Transportation Code, is
amended to read as follows:
Sec. 372.101. APPLICABILITY. Sections 372.102, 372.103,
372.104, and 372.105 do [This subchapter does] not apply to a county
acting under Chapter 284.
SECTION 1.03. Subchapter C, Chapter 372, Transportation
Code, is amended by adding Sections 372.1011, 372.1012, and
372.1013 to read as follows:
Sec. 372.1011. TOLL NOT PAID AT TIME OF USE; INVOICE. (a)
As an alternative to requiring payment of a toll at the time a
vehicle uses a toll project, a toll project entity shall use video
recordings, photography, electronic data, transponders, or other
tolling methods, including automated enforcement technology, to
permit the registered owner of the vehicle to pay the toll at a
later date.
(b) A toll project entity shall send, using the address as
shown in vehicle registration records or obtained through other
reliable means, an invoice to the registered owner of a vehicle for
which a toll is not paid at the time the toll is incurred.
(c) Information collected for the purposes of collecting
toll payment, including contact, payment, and other account
information and trip data, is confidential and not subject to
disclosure under Chapter 552, Government Code.
Sec. 372.1012. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
invoice containing an assessment for the use of a toll project must:
(1) require payment not later than the 30th day after
the date the invoice is mailed; and
(2) conspicuously state:
(A) the amount due;
(B) the date by which the amount due must be paid;
and
(C) that failure to pay the amount due in the
required period:
(i) will result in the assessment of an
administrative fee; and
(ii) may result in liability for a civil
penalty.
Sec. 372.1013. PAYMENT OF TOLL INVOICE; CIVIL PENALTY FOR
FAILURE TO PAY AMOUNT OF INVOICE WITHIN 30 DAYS. (a) A person who
receives an invoice from a toll project entity for the use of a toll
project shall, not later than the due date specified in the invoice:
(1) pay the amount owed as stated in the invoice; or
(2) send a written request to the entity for a review
of the toll assessments contained in the invoice.
(b) If a person fails to comply with Subsection (a), the
toll project entity may add an administrative fee, not to exceed $6,
to the amount the person owes. A toll project entity:
(1) must set the administrative fee by rule in an
amount that does not exceed the cost of collecting the toll; and
(2) may not charge a person more than $48 in
administrative fees in a 12-month period.
(c) A person who receives two or more invoices for unpaid
tolls and who has not paid the amount due within 30 days of the date
of the invoice is subject to a civil penalty of $25. Only one civil
penalty may be assessed in a six-month period. An appropriate
district or county attorney may sue to collect the civil penalty and
the underlying toll and administrative fee.
(d) The court in which a person is found liable for a civil
penalty under Subsection (c) shall collect the civil penalty,
unpaid tolls, administrative fees, and any additional court costs
and forward the amounts to the appropriate toll project entity.
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. Section 102.0213, Government Code, is amended
to read as follows:
Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION
CODE. A person convicted of an offense shall pay the following
under the Transportation Code, in addition to all other costs:
(1) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(2) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; and
(3) a civil [and criminal] enforcement cost on a
finding of liability for a civil penalty in connection with an
assessed [conviction of an offense of, or related to, the
nonpayment of a] toll in certain counties (Sec. 284.2031,
Transportation Code) . . . $1.
SECTION 2.02. The heading to Section 228.054,
Transportation Code, is amended to read as follows:
Sec. 228.054. TOLL PAYMENT REQUIRED [FAILURE OR REFUSAL TO
PAY TOLL]; EMERGENCY VEHICLES EXEMPT [OFFENSE].
SECTION 2.03. Section 228.054(a), Transportation Code, is
amended to read as follows:
(a) Except as provided by Subsection (e) [or Section
228.0545], the operator of a vehicle, other than an authorized
emergency vehicle, as defined by Section 541.201, that is driven or
towed through a toll collection facility shall pay the proper toll.
The exemption from payment of a toll for an authorized emergency
vehicle applies regardless of whether the vehicle is:
(1) responding to an emergency;
(2) displaying a flashing light; or
(3) marked as an emergency vehicle.
SECTION 2.04. The heading to Section 228.055,
Transportation Code, is amended to read as follows:
Sec. 228.055. EXCEPTIONS FOR LEASED OR TRANSFERRED VEHICLE
[ADMINISTRATIVE FEE; NOTICE; OFFENSE].
SECTION 2.05. Sections 228.055(d), (d-1), (e), and (i),
Transportation Code, are amended to read as follows:
(d) It is an exception to liability of a vehicle's
registered owner for a toll incurred by the vehicle [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 invoice containing an assessment of the toll
[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 the toll was incurred [of
the nonpayment under Section 228.054 or the date the vehicle was
driven or towed through a toll collection facility that results in a
notice issued under Section 228.0545], with the name and address of
the lessee clearly legible; or
(2) electronic data, in a format agreed on by the
department and the lessor, other than a photocopy or scan of a
rental or lease contract, that contains the information required
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
the date the toll was incurred [of the nonpayment under Section
228.054 or the date the vehicle was driven or towed through a toll
collection facility that results in a notice issued under Section
228.0545].
(d-1) If the lessor provides the required information
within the period prescribed under Subsection (d), the department
may send an invoice [a notice of nonpayment] to the lessee at the
address provided under Subsection (d) 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.]
(e) It is an exception to liability of a vehicle's
registered owner for a toll incurred by the vehicle [the
application of Subsection (a) or (c)] if the registered owner of the
vehicle transferred ownership of the vehicle to another person
before the toll was incurred [event of nonpayment under Section
228.054 occurred or before the date the vehicle was driven or towed
through a toll collection facility that results in a notice issued
under Section 228.0545], submitted written notice of the transfer
to the department in accordance with Section 501.147, and, before
the 30th day after the date the invoice [notice of nonpayment] is
mailed, provides to the department the name and address of the
person to whom the vehicle was transferred. If the former owner of
the vehicle provides the required information within the period
prescribed, the department may send an invoice [a notice of
nonpayment] to the person to whom ownership of the vehicle was
transferred at the address provided by the former owner by first
class mail before the 30th day after the date of receipt of the
required information from the former owner. The department may
send all subsequent invoices [notices of nonpayment] associated
with the vehicle to the person to whom ownership of the vehicle was
transferred at the address provided by the former owner or an
alternate address provided by the subsequent owner or derived
through other reliable means. [The subsequent owner 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 subsequent owner
shall pay a separate toll and administrative fee for each event of
nonpayment under Section 228.054 or 228.0545. Each failure to pay a
toll or administrative fee under this subsection is a separate
offense.]
(i) The department may contract, in accordance with Section
2107.003, Government Code, with a person to collect the unpaid toll
and any applicable administrative fee before referring the matter
to a court for collection of a civil penalty under Section 372.1013
[with jurisdiction over the offense].
SECTION 2.06. Section 228.056, Transportation Code, is
amended to read as follows:
Sec. 228.056. PROOF OF LIABILITY FOR TOLL; DEFENSE FOR
STOLEN VEHICLE [PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES]. (a)
Proof [In the prosecution of an offense under Section 228.054 or
228.055, proof] that a [the] vehicle was driven or towed through a
[the] toll collection facility without payment of the proper toll
may be shown by a video recording, photograph, electronic
recording, or other appropriate evidence, including evidence
obtained by automated enforcement technology.
(b) In determining liability for an incurred toll [the
prosecution of an offense under Section 228.055(c), (d-1), or (e)]:
(1) it is presumed that the invoice containing the
assessment for the toll [notice of nonpayment] was received on the
fifth day after the date of mailing;
(2) a computer record of the Texas Department of Motor
Vehicles of the registered owner of the vehicle is prima facie
evidence of its contents and that the person identified in the
record as the vehicle's registered owner [defendant] was the
registered owner of the vehicle when the toll was incurred
[underlying event of nonpayment under Section 228.054 occurred or
on the date the vehicle was driven or towed through a toll
collection facility that results in a notice issued under Section
228.0545]; and
(3) a copy of a [the] rental, lease, or other contract
document, or the electronic data provided to the department under
Section 228.055(d), covering the vehicle on the date the toll was
incurred [of the underlying event of nonpayment under Section
228.054 or on the date the vehicle was driven or towed through a
toll collection facility that results in a notice issued under
Section 228.0545] is prima facie evidence of its contents and that
the person identified in the document [defendant] was the lessee of
the vehicle when the toll was incurred [underlying event of
nonpayment under Section 228.054 occurred or when the vehicle was
driven or towed through a toll collection facility that results in a
notice issued under Section 228.0545].
(c) It is a defense to liability of a vehicle's registered
owner for a toll incurred by the vehicle [prosecution under Section
228.055(c), (d-1), or (e)] that the [motor] vehicle [in question]
was stolen before the toll was incurred [failure to pay the proper
toll occurred] and had not been recovered before the toll was
incurred [failure to pay occurred], but only if the theft was
reported to the appropriate law enforcement authority before the
earlier of:
(1) the time the toll was incurred [the occurrence of
the failure to pay]; or
(2) eight hours after the discovery of the theft.
SECTION 2.07. Section 228.059, Transportation Code, is
amended to read as follows:
Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
ENTITY[; OFFENSE]. An entity operating a toll lane pursuant to
Section 228.007(b) has, with regard to toll collection and
enforcement for that toll lane, the same powers and duties as the
department under this chapter. [A person who fails to pay a toll or
administrative fee imposed by the entity commits an offense. Each
failure to pay a toll or administrative fee imposed by the entity is
a separate offense. An offense under this section is a misdemeanor
punishable by a fine not to exceed $250, and the provisions of
Section 228.056 apply to the prosecution of the offense under this
section.] The entity may use revenues for improvement, extension,
expansion, or maintenance of the toll lane.
SECTION 2.08. The heading to Section 284.070,
Transportation Code, is amended to read as follows:
Sec. 284.070. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
EXEMPT [NONPAYMENT OF TOLL; OFFENSE].
SECTION 2.09. Sections 284.070(a) and (d), Transportation
Code, are amended to read as follows:
(a) A person who [commits an offense if the person:
[(1)] operates a vehicle on a county project shall[;
and
[(2) fails or refuses to] pay a toll imposed under
Section 284.069.
(d) In a county with a population over 2.8 million,
liability for a civil penalty under Section 372.1013 [an offense
under this section] may be determined [prosecuted] in any precinct
in the county in which the toll was incurred [offense was
committed].
SECTION 2.10. The heading to Section 284.0701,
Transportation Code, is amended to read as follows:
Sec. 284.0701. INVOICE; EXCEPTIONS FOR LEASED OR
TRANSFERRED VEHICLE [ADMINISTRATIVE COSTS; NOTICE; OFFENSE].
SECTION 2.11. Sections 284.0701(a), (b), (d), (d-1), and
(e), Transportation Code, are amended to read as follows:
(a) If a county does not collect a toll at the time the toll
is incurred by a vehicle [In the event of an offense committed]
under Section 284.070, the county shall assess the toll on and send
an invoice containing the assessment to the vehicle's registered
owner [on issuance of a written notice of nonpayment, the
registered owner of the nonpaying vehicle is liable for the payment
of both the proper toll and an administrative cost].
(b) [The county may impose and collect the administrative
cost so as to recover the expense of collecting the unpaid toll, not
to exceed $100.] The county shall send the invoice [a written
notice of nonpayment] to the registered owner of the vehicle at that
owner's address as shown in the vehicle registration records of the
Texas Department of Motor Vehicles by first-class mail not later
than the 30th day after the date the toll was incurred [of the
alleged failure to pay and may require payment not sooner than the
30th day after the date the notice was mailed. The registered owner
shall pay a separate toll and administrative cost for each event of
nonpayment under Section 284.070].
(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 an invoice
containing an assessment of a toll [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 the toll was incurred [of
the nonpayment under Section 284.070], with the name and address of
the lessee clearly legible; or
(2) electronic data, other than a photocopy or scan of
a rental or lease contract, that contains the information required
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
the date the toll was incurred [of the nonpayment under Section
284.070].
(d-1) If the lessor provides the required information
within the period prescribed under Subsection (d), the authority
may send an invoice containing an assessment of the incurred toll [a
notice of nonpayment] to the lessee at the address provided under
Subsection (d) 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.]
(e) It is an exception to the application of Subsection (a)
or Section 372.1011 [(c)] if the registered owner of the vehicle
transferred ownership of the vehicle to another person before the
time the toll was incurred [event of nonpayment under Section
284.070 occurred], submitted written notice of the transfer to the
Texas Department of Motor Vehicles in accordance with Section
501.147, and before the 30th day after the date the invoice
containing an assessment of the incurred toll [notice of
nonpayment] is mailed, provides to the county the name and address
of the person to whom the vehicle was transferred. If the former
owner of the vehicle provides the required information within the
period prescribed, the county may send an invoice [a notice of
nonpayment] to the person to whom ownership of the vehicle was
transferred at the address provided by the former owner by
first-class mail before the 30th day after the date of receipt of
the required information from the former owner. [The subsequent
owner 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
subsequent owner shall pay a separate toll and administrative cost
for each event of nonpayment under Section 284.070. Each failure to
pay a toll or administrative cost under this subsection is a
separate offense.]
SECTION 2.12. Section 284.0702, Transportation Code, is
amended to read as follows:
Sec. 284.0702. PRIMA FACIE EVIDENCE; DEFENSE OF STOLEN
VEHICLE. (a) Proof [In the prosecution of an offense under Section
284.070 or 284.0701, proof] that a [the] vehicle was driven or towed
through a [the] toll collection facility without payment of the
proper toll may be shown by a video recording, photograph,
electronic recording, or other appropriate evidence, including
evidence obtained by automated enforcement technology.
(b) In determining liability for an incurred toll [the
prosecution of an offense under Section 284.0701(c), (d-1), 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 person identified in the record [defendant]
was the registered owner of the vehicle when the toll was incurred
[underlying event of nonpayment under Section 284.070 occurred];
and
(2) a copy of the rental, lease, or other contract
document, or the electronic data provided to the authority under
Section 284.0701(d), covering the vehicle on the date a toll was
incurred [of the underlying event of nonpayment under Section
284.070] is prima facie evidence of its contents and that the person
identified in the document [defendant] was the lessee of the
vehicle when the toll was incurred [underlying event of nonpayment
under Section 284.070 occurred].
(c) It is a defense to liability of a vehicle's registered
owner for a toll incurred by the vehicle [prosecution under Section
284.0701(c), (d-1), or (e)] that the vehicle in question was stolen
before the time the toll was incurred [failure to pay the proper
toll occurred] and had not been recovered before the time the toll
was incurred [failure to pay occurred], but only if the theft was
reported to the appropriate law enforcement authority before the
earlier of:
(1) the time the toll was incurred [occurrence of the
failure to pay]; or
(2) eight hours after the discovery of the theft.
SECTION 2.13. The heading to Subchapter D, Chapter 284,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
SECTION 2.14. The heading to Section 284.2031,
Transportation Code, is amended to read as follows:
Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT COST.
SECTION 2.15. Section 284.2031(a), Transportation Code, is
amended to read as follows:
(a) A county may impose, in addition to other costs, $1 as a
court cost on the imposition of a civil penalty associated with an
invoice for a toll incurred [conviction to a defendant convicted of
an offense] under Section [284.070,] 284.0701[, or 284.203] in an
action brought by the county or district attorney.
SECTION 2.16. Section 284.2032(a), Transportation Code, is
amended to read as follows:
(a) A county with a population of 3.3 million or more may
impose, in addition to other costs, $1 as an administrative cost
associated with collecting an incurred [a] toll or charge for each
toll or charge incurred [event of nonpayment of a required toll or
charge imposed] under Section 284.069.
SECTION 2.17. The heading to Section 366.178,
Transportation Code, is amended to read as follows:
Sec. 366.178. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
EXEMPT; DEFENSES FOR STOLEN OR LEASED VEHICLE [FAILURE OR REFUSAL
TO PAY TOLL].
SECTION 2.18. Sections 366.178(b-2), (f), (f-1), (g), (h),
(i), (i-1), and (k), Transportation Code, are amended to read as
follows:
(b-2) If the authority does not collect the proper toll at
the time a vehicle is driven or towed through a toll assessment
facility, the authority shall assess the incurred toll on and send
an invoice containing the assessment by first class mail to the
registered owner of the vehicle. The invoice may include one or more
tolls assessed by the authority for use of the project by the
[nonpaying] vehicle [and must specify the date by which the toll or
tolls must be paid. Except as provided by Subsection (b-3), the
registered owner shall pay the unpaid tolls included in the invoice
not later than the 25th day after the date the invoice is mailed].
(f) Except as provided by Subsection (f-1), [in the
prosecution of a violation for nonpayment,] proof that a [the]
vehicle passed through a toll assessment facility and that the
amount included in the invoice [the third notice of nonpayment] was
not paid before the date specified in the invoice [notice],
together with proof that the person to whom the invoice was mailed
[defendant] was the registered owner or the driver of the vehicle
when the [unpaid] toll was incurred [assessed], establishes
liability of the invoice recipient [the nonpayment of the
registered owner]. The proof may be by testimony of a peace officer
or authority employee, video surveillance, or any other reasonable
evidence, including a copy of the rental, lease, or other contract
document or the electronic data provided to the authority under
Subsection (i) that shows the invoice recipient [defendant] was the
lessee of the vehicle when the [unpaid] toll was incurred
[assessed].
(f-1) Liability of [Nonpayment by] the registered owner of a
[the] vehicle for tolls incurred by the vehicle may be established
by:
(1) a copy of a written agreement between the
authority and the registered owner for the payment of unpaid tolls
and administrative fees; and
(2) evidence that the registered owner is in default
under the agreement.
(g) The court of the local jurisdiction in which a [the
unpaid] toll was incurred [assessed] may assess and collect the
amounts owed under a written agreement between the authority and
the registered owner [fine] in addition to any court costs. The
court may collect and forward to the authority the amounts owed
under the agreement [properly assessed unpaid tolls,
administrative fees, and third-party collection service fees
incurred by the authority as determined by:
[(1) the court after a hearing; or
[(2) written agreement of the registered owner].
(h) It is a defense to liability of a vehicle's registered
owner for a toll incurred by the vehicle [nonpayment under this
section] that the motor vehicle in question was stolen before the
time the toll was incurred [failure to pay the proper toll occurred]
and was not recovered by the time the toll was incurred [of the
failure to pay], but only if the theft was reported to the
appropriate law enforcement authority before the earlier of:
(1) the time the toll was incurred [occurrence of the
failure to pay]; or
(2) eight hours after the discovery of the theft.
(i) A registered owner who is the lessor of a vehicle for
which an invoice is mailed under Subsection (b-2) or (b-3) is not
liable if, not later than the 30th day after the date the invoice is
mailed, the registered owner provides to the authority:
(1) a copy of the rental, lease, or other contract
document covering the vehicle on the date the [unpaid] toll was
incurred [assessed], with the name and address of the lessee
clearly legible; or
(2) electronic data, other than a photocopy or scan of
a rental or lease contract, that contains the information required
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
the date the [unpaid] toll was incurred [assessed] under this
section.
(i-1) If the lessor timely provides the required
information under Subsection (i), the lessee of the vehicle on the
date the [unpaid] toll was incurred [assessed] is considered to be
the registered owner of the vehicle for purposes of this section,
and the authority shall follow the procedures provided by this
section as if the lessee were the registered owner of the vehicle,
including sending an invoice 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.
(k) As authorized under Section 322.008(d)(2), Business &
Commerce Code, an authority may provide information, including an
invoice [or notice], required under this section to be sent first
class mail instead as an electronic record:
(1) if the recipient of the information agrees to the
transmission of the information as an electronic record; and
(2) on terms acceptable to the recipient.
SECTION 2.19. The heading to Section 370.177,
Transportation Code, is amended to read as follows:
Sec. 370.177. TOLL PAYMENT REQUIRED; INVOICE; EMERGENCY
VEHICLES EXEMPT; DEFENSES FOR STOLEN, TRANSFERRED, OR LEASED
VEHICLE [FAILURE OR REFUSAL TO PAY TURNPIKE PROJECT TOLL; OFFENSE;
ADMINISTRATIVE PENALTY].
SECTION 2.20. Sections 370.177(a), (b), (c), (e), (e-1),
(f), (i), and (j), Transportation Code, are amended to read as
follows:
(a) Except as provided by Subsection (a-1), the operator of
a vehicle, other than an authorized emergency vehicle as defined by
Section 541.201, that is driven or towed through a toll collection
facility of a turnpike project shall pay the proper toll. [The
operator of a vehicle who drives or tows a vehicle through a toll
collection facility and does not pay the proper toll commits an
offense. An offense under this subsection is a misdemeanor
punishable by a fine not to exceed $250.] The exemption from
payment of a toll for an authorized emergency vehicle applies
regardless of whether the vehicle is:
(1) responding to an emergency;
(2) displaying a flashing light; or
(3) marked as an emergency vehicle.
(b) If a [In the event of nonpayment of the proper] toll is
not paid at the time the toll is incurred by a vehicle [as required
by Subsection (a)], the authority shall assess the incurred toll on
and send an invoice containing the assessment to [on issuance of a
written notice of nonpayment,] the registered owner of the
[nonpaying] vehicle [is liable for the payment of both the proper
toll and an administrative fee].
(c) [The authority may impose and collect the
administrative fee to recover the cost of collecting the unpaid
toll, not to exceed $100.] The authority shall send the invoice
containing the toll assessment [a written notice of nonpayment] to
the registered owner of the vehicle at that owner's address as shown
in the vehicle registration records of the department by first
class mail not later than the 30th day after the date the toll was
incurred [of the alleged failure to pay and may require payment not
sooner than the 30th day after the date the notice was mailed. The
registered owner shall pay a separate toll and administrative fee
for each event of nonpayment under Subsection (a)].
(e) It is an exception to the liability of a vehicle's
registered owner for a toll incurred by the vehicle [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 invoice [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 the toll was incurred [of
the nonpayment under Subsection (a)], with the name and address of
the lessee clearly legible; or
(2) electronic data, other than a photocopy or scan of
a rental or lease contract, that contains the information required
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
the date the toll was incurred [of the nonpayment under Subsection
(a)].
(e-1) If the lessor provides the required information
within the period prescribed under Subsection (e), the authority
may send an invoice [a notice of nonpayment] to the lessee at the
address provided under Subsection (e) 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.]
(f) It is an exception to the liability of a vehicle's
registered owner for a toll incurred by the vehicle [the
application of Subsection (b) or (d)] that the registered owner [of
the vehicle] transferred ownership of the vehicle to another person
before the time the toll was incurred [event of nonpayment under
Subsection (a) occurred], submitted written notice of the transfer
to the department in accordance with Section 501.147, and before
the 30th day after the date the invoice containing an assessment of
the toll [notice of nonpayment] is mailed, provides to the
authority the name and address of the person to whom the vehicle was
transferred. If the former owner of the vehicle provides the
required information within the period prescribed, the authority
may send an invoice containing an assessment of the toll [a notice
of nonpayment] to the person to whom ownership of the vehicle was
transferred at the address provided by the former owner by first
class mail before the 30th day after the date of receipt of the
required information from the former owner. [The subsequent owner
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 subsequent owner
shall pay a separate toll and administrative fee for each event of
nonpayment under Subsection (a). Each failure to pay a toll or
administrative fee under this subsection is a separate offense.]
(i) Proof [In the prosecution of an offense under this
section, proof] that a [the] vehicle passed through a toll
collection facility without payment of the proper toll together
with proof that the invoice recipient [defendant] was the
registered owner or the driver of the vehicle when the toll was
incurred [failure to pay occurred], establishes liability of the
invoice recipient [the nonpayment of the registered owner]. 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 the electronic data provided to the authority under
Subsection (e) that shows that the invoice recipient [the
defendant] was the lessee of the vehicle when the toll was incurred
[underlying event of nonpayment occurred].
(j) It is a defense to liability of a vehicle's registered
owner for a toll incurred by the vehicle [prosecution under this
section] that the motor vehicle in question was stolen before the
toll was incurred [failure to pay the proper toll occurred] and was
not recovered by the time the toll was incurred [of the failure to
pay], but only if the theft was reported to the appropriate law
enforcement authority before the earlier of:
(1) the time the toll was incurred [occurrence of the
failure to pay]; or
(2) eight hours after the discovery of the theft.
SECTION 2.21. The heading to Section 372.105,
Transportation Code, is amended to read as follows:
Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
SECTION 2.22. Sections 372.105(a) and (b), Transportation
Code, are amended to read as follows:
(a) A toll project entity may, in lieu of mailing an invoice
[a written notice of nonpayment], serve with an invoice [a written
notice of nonpayment] in person an owner of a vehicle that is not
registered in this state, including the owner of a vehicle
registered in another state of the United States, the United
Mexican States, a state of the United Mexican States, or another
country or territory. An invoice [A notice of nonpayment] may also
be served by an employee of a governmental entity operating an
international bridge at the time a vehicle with a record of
nonpayment seeks to enter or leave this state.
(b) An invoice [Each written notice of nonpayment] issued
under Subsection (a) must be paid not later than the 30th day after
the date the invoice is issued [shall include a warning that the
failure to pay the amounts in the notice may result in the toll
project entity's exercise of the habitual violator remedies under
this subchapter].
ARTICLE 3. REPEALERS
SECTION 3.01. The following sections of the Transportation
Code are repealed:
(1) Sections 228.054(b) and (c);
(2) Section 228.0545;
(3) Sections 228.055(a), (b), (c), (f), (g), and (h);
(4) Sections 284.0701(c), (f), and (g);
(5) Sections 284.202, 284.203, 284.2031(b), 284.204,
284.205, 284.206, 284.207, 284.208, 284.209, 284.210, 284.211, and
284.212;
(6) Sections 366.178(b), (b-1), (b-4), (c), (d),
(d-1), (d-2), and (e);
(7) Sections 370.177(d), (g), and (h);
(8) Sections 372.105(c), (d), (e), and (f);
(9) Sections 372.106, 372.107, 372.108, 372.109,
372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
(10) Section 502.011.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. The changes in law made by this Act apply only
to a toll incurred on or after the effective date of this Act. A
toll incurred before the effective date of this Act is governed by
the law in effect on the date the toll was incurred, and the former
law is continued in effect for that purpose.
SECTION 4.02. This Act takes effect January 1, 2018.