Bill Text: TX SB1793 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to remedies for nonpayment of tolls of Texas Department of Transportation toll projects; authorizing a fee and certain investigative and court costs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-03-25 - Referred to Transportation [SB1793 Detail]
Download: Texas-2013-SB1793-Introduced.html
83R6288 JTS-F | ||
By: Watson | S.B. No. 1793 |
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relating to remedies for nonpayment of tolls of Texas Department of | ||
Transportation toll projects; authorizing a fee and certain | ||
investigative and court costs. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter B, Chapter 228, Transportation Code, | ||
is amended by adding Sections 228.060, 228.061, and 228.062 to read | ||
as follows: | ||
Sec. 228.060. PUBLICATION OF NONPAYING VEHICLE | ||
INFORMATION. Notwithstanding the confidentiality of electronic | ||
toll collection customer account information under Section | ||
228.057(e), the department may publish a list of the names of the | ||
registered owners or lessees of nonpaying vehicles who at the time | ||
of publication are liable for the payment of a past due and unpaid | ||
toll or administrative fee. The list may include only the persons' | ||
names and, for each person listed: | ||
(1) the city and state of the person's residence; | ||
(2) the total number of events of nonpayment under | ||
Section 228.054 or 228.0545; and | ||
(3) the total amount due for the tolls and | ||
administrative fees. | ||
Sec. 228.061. TOLL VIOLATION PAYMENT PLAN. The department | ||
may enter into an agreement with the registered owner of a vehicle | ||
allowing the person to pay the total amount of outstanding tolls and | ||
administrative fees over a specified period. The agreement must be | ||
in writing and specify the amount due for tolls and administrative | ||
fees, the duration of the agreement, and the amount of each payment. | ||
Sec. 228.062. DEFAULT; SUIT TO RECOVER OUTSTANDING BALANCE | ||
DUE. (a) If the registered owner of the vehicle fails to comply | ||
with the terms of an agreement described by Section 228.061, the | ||
department may send by first class mail to the person at the address | ||
shown on the agreement a written notice demanding payment of the | ||
outstanding balance due. | ||
(b) If the registered owner fails to pay the outstanding | ||
balance due on or before the 30th day after the date on which the | ||
notice is mailed, the department may refer the matter to the | ||
attorney general for suit or collection. | ||
(c) The attorney general may file suit in a district court | ||
in Travis County to recover the outstanding balance due. The | ||
attorney general may recover reasonable attorney's fees, | ||
investigative costs, and court costs incurred on behalf of the | ||
department in the proceeding in the same manner as provided by | ||
general law for a private litigant. | ||
SECTION 2. Chapter 228, Transportation Code, is amended by | ||
adding Subchapter G to read as follows: | ||
SUBCHAPTER G. HABITUAL VIOLATOR REMEDIES | ||
Sec. 228.301. HABITUAL VIOLATOR. (a) For purposes of this | ||
subchapter, a habitual violator is a registered owner of a vehicle | ||
who the department determines: | ||
(1) was issued at least two written notices of | ||
nonpayment in accordance with Section 228.055 for 100 or more | ||
events of nonpayment under Section 228.054 or 228.0545 within a | ||
period of one year; and | ||
(2) has not paid in full the total amount due for tolls | ||
and administrative fees under those notices. | ||
(b) If the department makes a determination under | ||
Subsection (a), the department shall give written notice to the | ||
person at: | ||
(1) the person's address as shown in the vehicle | ||
registration records of the Texas Department of Motor Vehicles or | ||
the analogous department or agency of another state or country; or | ||
(2) an alternate address provided by the person or | ||
derived through other reliable means. | ||
(c) The notice must: | ||
(1) be sent by first class mail and is presumed | ||
received on the fifth day after the date the notice is mailed; and | ||
(2) state: | ||
(A) the total number of events of nonpayment | ||
under Section 228.054 or 228.0545 and the total amount due for tolls | ||
and administrative fees; | ||
(B) the date of the determination under | ||
Subsection (a); | ||
(C) the right of the person to request a hearing | ||
on the determination; and | ||
(D) the procedure for requesting a hearing, | ||
including the period during which the request must be made. | ||
(d) If not later than the 30th day after the date on which | ||
the person is presumed to have received the notice the department | ||
receives a written request for a hearing, a hearing shall be held as | ||
provided by Section 228.302. A hearing request received within the | ||
period provided by this subsection stays the effect of the | ||
department's determination until the date of the final decision of | ||
the justice of the peace under Section 228.302. | ||
(e) If the person does not request a hearing within the | ||
period provided by Subsection (d), the department's determination | ||
becomes final on the expiration of that period. | ||
Sec. 228.302. HEARING. (a) A justice court has | ||
jurisdiction to conduct a hearing in accordance with this section. | ||
(b) A hearing requested under Section 228.301 shall be | ||
conducted in a justice court: | ||
(1) in the county in which the toll collection | ||
facilities where the events of nonpayment occurred are located; or | ||
(2) if events of nonpayment occurred in more than one | ||
county, the county in which the toll collection facilities where a | ||
majority of the events of nonpayment occurred are located. | ||
(c) The justice of the peace is entitled to receive a fee not | ||
to exceed $100 for conducting the hearing. The party that does not | ||
prevail under the justice's finding under Subsection (f) is liable | ||
for payment of the fee. | ||
(d) The issues that must be proven at the hearing by a | ||
preponderance of the evidence are: | ||
(1) whether the registered owner was issued at least | ||
two written notices of nonpayment in accordance with Section | ||
228.055 for 100 or more events of nonpayment under Section 228.054 | ||
or 228.0545 within a period of one year; and | ||
(2) whether the total amount due for tolls and | ||
administrative fees specified in those notices was not paid in full | ||
by the dates specified in the notices and remains not fully paid. | ||
(e) Proof under Subsection (d) may be by oral testimony, | ||
documentary evidence, video surveillance, or any other reasonable | ||
evidence. | ||
(f) If the justice of the peace finds in the affirmative on | ||
each issue in Subsection (d), the department's determination that | ||
the registered owner is a habitual violator is sustained and | ||
becomes final. If the justice does not find in the affirmative on | ||
each issue in Subsection (d), the department shall rescind its | ||
determination under Section 228.301. Rescission of the | ||
determination under Section 228.301 does not limit the department's | ||
authority to pursue collection of the outstanding tolls and | ||
administrative fees in accordance with Section 228.055. | ||
(g) A registered owner who requests a hearing and fails to | ||
appear without just cause waives the right to a hearing and the | ||
department's determination is final. | ||
Sec. 228.303. APPEAL. (a) A registered owner may appeal the | ||
justice of the peace's decision by filing a petition not later than | ||
the 30th day after the date on which the decision is rendered: | ||
(1) in the county court at law of the county in which | ||
the justice of the peace precinct is located; or | ||
(2) if there is no county court at law in that county, | ||
in the county court. | ||
(b) The registered owner must send a file-stamped copy of | ||
the petition, certified by the clerk of the court, to the department | ||
by certified mail. | ||
(c) The court shall notify the department of the hearing not | ||
later than the 31st day before the date the court sets for the | ||
hearing. | ||
(d) A trial on appeal is a trial de novo. | ||
Sec. 228.304. PERIOD DETERMINATION IS EFFECTIVE. (a) A | ||
final determination under Section 228.301 or 228.302 that a person | ||
is a habitual violator remains in effect until: | ||
(1) the total amount due for the person's tolls and | ||
administrative fees is paid; or | ||
(2) the department, in its sole discretion, determines | ||
that the amount has been otherwise addressed. | ||
(b) When a determination terminates, the department | ||
immediately shall send notice of the termination: | ||
(1) to the registered owner who is the subject of the | ||
determination; and | ||
(2) if the department provided notice to a county | ||
assessor-collector or the Texas Department of Motor Vehicles under | ||
Section 502.011, to that county assessor-collector or the Texas | ||
Department of Motor Vehicles, as appropriate. | ||
Sec. 228.305. DENIAL OF VEHICLE REGISTRATION. After a | ||
final determination under Section 228.301 or 228.302 that the | ||
registered owner of the vehicle is a habitual violator, the | ||
department may report the determination to a county-assessor | ||
collector or the Texas Department of Motor Vehicles in order to | ||
cause the denial of registration of the owner's vehicle, as | ||
provided by Section 502.011. | ||
SECTION 3. Subchapter A, Chapter 502, Transportation Code, | ||
is amended by adding Section 502.011 to read as follows: | ||
Sec. 502.011. REFUSAL TO REGISTER VEHICLE FOR NONPAYMENT OF | ||
TOLL OR ADMINISTRATIVE FEE. A county assessor-collector or the | ||
department shall refuse to register or renew the registration of a | ||
motor vehicle if the county assessor-collector or department has | ||
received written notice from the Texas Department of Transportation | ||
that the owner of the vehicle has been finally determined to be a | ||
habitual violator under Section 228.301 or 228.302 and has not | ||
received notice that the determination has terminated. | ||
SECTION 4. Subchapter B, Chapter 103, Government Code, is | ||
amended by adding Section 103.0321 to read as follows: | ||
Sec. 103.0321. MISCELLANEOUS FEES AND COSTS: TRANSPORTATION | ||
CODE. A reasonable fee not to exceed $100 may be collected under | ||
Section 228.302(c), Transportation Code, as court costs for | ||
determining whether a person is a habitual violator for purposes of | ||
Subchapter G, Chapter 228, Transportation Code. | ||
SECTION 5. In making a determination that a person is a | ||
habitual violator under Section 228.301(a), Transportation Code, | ||
as added by this Act, the Texas Department of Transportation may | ||
include consideration of any events of nonpayment under Section | ||
228.054 or 228.0545, Transportation Code, including events of | ||
nonpayment that occurred before the effective date of this Act. | ||
SECTION 6. This Act takes effect January 1, 2014. |