Bill Text: TX HB3017 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to toll collections and the imposition of administrative fees and civil penalties for past-due tolls; eliminating certain criminal offenses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2017-03-27 - Referred to Transportation [HB3017 Detail]
Download: Texas-2017-HB3017-Introduced.html
85R6230 JTS-D | ||
By: Minjarez | H.B. No. 3017 |
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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 [ |
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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 [ |
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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 [ |
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finding of liability for a civil penalty in connection with an | ||
assessed [ |
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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 [ |
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SECTION 2.03. Section 228.054(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Except as provided by Subsection (e) [ |
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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 | ||
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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 [ |
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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 | ||
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(1) a copy of the rental, lease, or other contract | ||
document covering the vehicle on the date the toll was incurred [ |
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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 [ |
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(d-1) If the lessor provides the required information | ||
within the period prescribed under Subsection (d), the department | ||
may send an invoice [ |
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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. [ |
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(e) It is an exception to liability of a vehicle's | ||
registered owner for a toll incurred by the vehicle [ |
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vehicle transferred ownership of the vehicle to another person | ||
before the toll was incurred [ |
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to the department in accordance with Section 501.147, and, before | ||
the 30th day after the date the invoice [ |
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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 [ |
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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 [ |
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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. [ |
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(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 | ||
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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 [ |
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Proof [ |
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[ |
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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 [ |
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(1) it is presumed that the invoice containing the | ||
assessment for the toll [ |
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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 [ |
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registered owner of the vehicle when the toll was incurred | ||
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(3) a copy of a [ |
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document, or the electronic data provided to the department under | ||
Section 228.055(d), covering the vehicle on the date the toll was | ||
incurred [ |
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the person identified in the document [ |
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the vehicle when the toll was incurred [ |
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(c) It is a defense to liability of a vehicle's registered | ||
owner for a toll incurred by the vehicle [ |
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was stolen before the toll was incurred [ |
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incurred [ |
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reported to the appropriate law enforcement authority before the | ||
earlier of: | ||
(1) the time the toll was incurred [ |
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(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[ |
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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. [ |
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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 [ |
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SECTION 2.09. Sections 284.070(a) and (d), Transportation | ||
Code, are amended to read as follows: | ||
(a) A person who [ |
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[ |
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[ |
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Section 284.069. | ||
(d) In a county with a population over 2.8 million, | ||
liability for a civil penalty under Section 372.1013 [ |
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in the county in which the toll was incurred [ |
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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 [ |
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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 [ |
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under Section 284.070, the county shall assess the toll on and send | ||
an invoice containing the assessment to the vehicle's registered | ||
owner [ |
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(b) [ |
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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 [ |
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(d) It is an exception to the application of Subsection (a) | ||
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vehicle and not later than the 30th day after the date an invoice | ||
containing an assessment of a toll [ |
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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 [ |
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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 [ |
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(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 [ |
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Subsection (d) by first class mail before the 30th day after the | ||
date of receipt of the required information from the lessor. [ |
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(e) It is an exception to the application of Subsection (a) | ||
or Section 372.1011 [ |
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transferred ownership of the vehicle to another person before the | ||
time the toll was incurred [ |
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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 [ |
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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 [ |
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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. [ |
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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 [ |
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through a [ |
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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 [ |
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(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 [ |
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was the registered owner of the vehicle when the toll was incurred | ||
[ |
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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 [ |
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identified in the document [ |
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vehicle when the toll was incurred [ |
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(c) It is a defense to liability of a vehicle's registered | ||
owner for a toll incurred by the vehicle [ |
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before the time the toll was incurred [ |
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was incurred [ |
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reported to the appropriate law enforcement authority before the | ||
earlier of: | ||
(1) the time the toll was incurred [ |
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(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 | ||
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SECTION 2.14. The heading to Section 284.2031, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 284.2031. CIVIL [ |
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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 [ |
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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 [ |
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toll or charge incurred [ |
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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 [ |
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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 | ||
[ |
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(f) Except as provided by Subsection (f-1), [ |
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vehicle passed through a toll assessment facility and that the | ||
amount included in the invoice [ |
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not paid before the date specified in the invoice [ |
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together with proof that the person to whom the invoice was mailed | ||
[ |
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when the [ |
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liability of the invoice recipient [ |
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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 [ |
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lessee of the vehicle when the [ |
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[ |
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(f-1) Liability of [ |
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[ |
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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 [ |
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amounts owed under a written agreement between the authority and | ||
the registered owner [ |
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court may collect and forward to the authority the amounts owed | ||
under the agreement [ |
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[ |
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[ |
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(h) It is a defense to liability of a vehicle's registered | ||
owner for a toll incurred by the vehicle [ |
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time the toll was incurred [ |
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and was not recovered by the time the toll was incurred [ |
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appropriate law enforcement authority before the earlier of: | ||
(1) the time the toll was incurred [ |
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(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 [ |
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incurred [ |
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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 [ |
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section. | ||
(i-1) If the lessor timely provides the required | ||
information under Subsection (i), the lessee of the vehicle on the | ||
date the [ |
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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 [ |
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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 [ |
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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. [ |
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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 [ |
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not paid at the time the toll is incurred by a vehicle [ |
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and send an invoice containing the assessment to [ |
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[ |
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(c) [ |
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containing the toll assessment [ |
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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 [ |
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(e) It is an exception to the liability of a vehicle's | ||
registered owner for a toll incurred by the vehicle [ |
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day after the date the invoice [ |
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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 [ |
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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 [ |
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(e-1) If the lessor provides the required information | ||
within the period prescribed under Subsection (e), the authority | ||
may send an invoice [ |
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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. [ |
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(f) It is an exception to the liability of a vehicle's | ||
registered owner for a toll incurred by the vehicle [ |
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before the time the toll was incurred [ |
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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 [ |
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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 [ |
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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. [ |
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(i) Proof [ |
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collection facility without payment of the proper toll together | ||
with proof that the invoice recipient [ |
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registered owner or the driver of the vehicle when the toll was | ||
incurred [ |
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invoice recipient [ |
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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 [ |
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[ |
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(j) It is a defense to liability of a vehicle's registered | ||
owner for a toll incurred by the vehicle [ |
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toll was incurred [ |
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not recovered by the time the toll was incurred [ |
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enforcement authority before the earlier of: | ||
(1) the time the toll was incurred [ |
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(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 [ |
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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 | ||
[ |
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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 [ |
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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 [ |
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under Subsection (a) must be paid not later than the 30th day after | ||
the date the invoice is issued [ |
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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. |