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  H.B. No. 2983
 
 
 
 
AN ACT
  relating to the electronic transmission of motor vehicle rental
  information in connection with the payment of tolls.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 228.055, Transportation Code, is amended
  by amending Subsection (d) and adding Subsection (d-1) to read as
  follows:
         (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 the 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 of the nonpayment under
  Section 228.054, 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 of the nonpayment under Section 228.054.
         (d-1)  If the lessor provides the required information
  within the period prescribed under Subsection (d), the department
  may send a notice of nonpayment to the lessee at the address
  provided under Subsection (d) [shown on the contract document] 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.
         SECTION 2.  Sections 228.056(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  In the prosecution of an offense under Section
  228.055(c), (d-1) [(d)], or (e):
               (1)  it is presumed that the notice of nonpayment was
  received on the fifth day after the date of mailing;
               (2)  a computer record of the department of the
  registered owner of the vehicle is prima facie evidence of its
  contents and that the defendant was the registered owner of the
  vehicle when the underlying event of nonpayment under Section
  228.054 occurred; and
               (3)  a copy of 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 of the
  underlying event of nonpayment under Section 228.054 is prima facie
  evidence of its contents and that the defendant was the lessee of
  the vehicle when the underlying event of nonpayment under Section
  228.054 occurred.
         (c)  It is a defense to prosecution under Section 228.055(c),
  (d-1) [(d)], or (e) that the motor vehicle in question was stolen
  before the failure to pay the proper toll occurred and had not been
  recovered before the failure to pay occurred, but only if the theft
  was reported to the appropriate law enforcement authority before
  the earlier of:
               (1)  the occurrence of the failure to pay; or
               (2)  eight hours after the discovery of the theft.
         SECTION 3.  Section 284.0701, Transportation Code, is
  amended by amending Subsection (d) and adding Subsection (d-1) to
  read as follows:
         (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 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 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 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 a notice of nonpayment to the lessee at the address
  provided under Subsection (d) [shown on the contract document] 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.
         SECTION 4.  Sections 284.0702(b) and (c), Transportation
  Code, are amended to read as follows:
         (b)  In the prosecution of an offense under Section
  284.0701(c), (d-1) [(d)], 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 defendant was the registered owner of the
  vehicle when the 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 of the
  underlying event of nonpayment under Section 284.070 is prima facie
  evidence of its contents and that the defendant was the lessee of
  the vehicle when the underlying event of nonpayment under Section
  284.070 occurred.
         (c)  It is a defense to prosecution under Section
  284.0701(c), (d-1) [(d)], or (e) that the vehicle in question was
  stolen before the failure to pay the proper toll occurred and had
  not been recovered before the failure to pay occurred, but only if
  the theft was reported to the appropriate law enforcement authority
  before the earlier of:
               (1)  the occurrence of the failure to pay; or
               (2)  eight hours after the discovery of the theft.
         SECTION 5.  Section 366.178, Transportation Code, is amended
  by amending Subsections (f) and (i) and adding Subsection (i-1) to
  read as follows:
         (f)  In the prosecution of a violation for nonpayment, proof
  that the vehicle passed through a toll collection facility without
  payment of the proper toll together with proof that the defendant
  was the registered owner or the driver of the vehicle when the
  failure to pay occurred, establishes 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 defendant was the lessee of the
  vehicle when the underlying event of nonpayment occurred.
         (i)  A registered owner who is the lessor of a vehicle for
  which a notice of nonpayment has been issued is not liable if, not
  later than the 30th day after the date the notice of nonpayment is
  mailed, the registered owner provides to the authority:
               (1)  a copy of the rental, lease, or other contract
  document [lease agreement] covering the vehicle on the date of the
  nonpayment, with the[. The] name and address of the lessee [must
  be] 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 of the nonpayment under this section.
         (i-1)  If the lessor timely provides the required
  information under Subsection (i), the lessee of the vehicle on the
  date of the violation is considered to be the owner of the vehicle
  for purposes of this section. The lessee is subject to prosecution
  for failure to pay the proper toll if the authority sends a notice
  of nonpayment 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.
         SECTION 6.  Section 370.177, Transportation Code, is amended
  by amending Subsections (e), (g), and (i) and adding Subsection
  (e-1) to read as follows:
         (e)  It is an exception to 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 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 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 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 a notice of nonpayment to the lessee at the address
  provided under Subsection (e) [shown on the contract document] 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.
         (g)  An offense under Subsection (d), (e-1) [(e)], or (f) is
  a misdemeanor punishable by a fine not to exceed $250.
         (i)  In the prosecution of an offense under this section,
  proof that the vehicle passed through a toll collection facility
  without payment of the proper toll together with proof that the
  defendant was the registered owner or the driver of the vehicle when
  the failure to pay occurred, establishes 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 the defendant was the lessee of the
  vehicle when the underlying event of nonpayment occurred.
         SECTION 7.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2983 was passed by the House on April
  22, 2009, by the following vote:  Yeas 149, Nays 0, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 2983 on May 23, 2009, by the following vote:  Yeas 138, Nays 0,
  1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 2983 was passed by the Senate, with
  amendments, on May 21, 2009, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor