|
|
|
|
AN ACT
|
|
relating to the collection of unpaid tolls by a regional tollway |
|
authority. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Section 366.003, Transportation Code, is amended |
|
by adding Subdivision (10-a) to read as follows: |
|
(10-a) "Toll assessment facility" means a location on |
|
a turnpike project where a vehicle that is driven or towed through |
|
the facility is assessed a toll for the use of the project. |
|
SECTION 2. Section 366.178, Transportation Code, is amended |
|
by amending Subsections (a) through (g), (i), and (i-1) and adding |
|
Subsections (b-1), (b-2), (b-3), (b-4), (d-1), (d-2), and (f-1) to |
|
read as follows: |
|
(a) A motor vehicle other than an authorized emergency |
|
vehicle, as defined by Section 541.201, that passes through a toll |
|
assessment [collection] facility, whether driven or towed, 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 a police or emergency vehicle. |
|
(b) A person who fails or refuses to pay a toll provided for |
|
the use of a project is liable for a fine not to exceed $250, plus |
|
any [an] administrative fees [fee] incurred in connection with the |
|
violation. |
|
(b-1) As an alternative to requiring payment of a toll at |
|
the time a vehicle is driven or towed through a toll assessment |
|
facility, the authority shall use video recordings, photography, |
|
electronic data, transponders, or other tolling methods to permit |
|
the registered owner of the nonpaying vehicle to pay the toll at a |
|
later date. |
|
(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 send an invoice 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 30th day after the date the invoice is mailed. |
|
(b-3) If the address to which the invoice issued under |
|
Subsection (b-2) is mailed to the registered owner is determined to |
|
be incorrect, the registered owner shall pay the invoice not later |
|
than the 30th day after the date the invoice is mailed to the |
|
correct address. |
|
(b-4) If the registered owner of the nonpaying vehicle fails |
|
to pay the unpaid tolls included in the invoice mailed under |
|
Subsection (b-2) or (b-3) by the date specified in the invoice, the |
|
authority shall send the first notice of nonpayment by first class |
|
mail to the registered owner of the nonpaying vehicle as provided by |
|
Subsection (d). |
|
(c) On [If a person fails to pay the proper toll:
|
|
[(1) on] issuance of the first [a] notice of |
|
nonpayment, the registered owner of the nonpaying vehicle shall pay |
|
both the unpaid tolls included in the invoice and an [the proper
|
|
toll and the] administrative fee. The authority may charge only one |
|
administrative fee of not more than $25 for the first notice of |
|
nonpayment that is sent to the registered owner of the nonpaying |
|
vehicle[; and
|
|
[(2)
an authority may charge an administrative fee of
|
|
not more than $100 to recover the cost of collecting the unpaid
|
|
toll]. |
|
(d) Unless an authority requires additional time to send a |
|
notice of nonpayment because of events outside the authority's |
|
reasonable control, the authority shall send the first notice of |
|
nonpayment not later than the 30th day after the date the 30-day |
|
period expires for the registered owner to pay the invoice issued |
|
under Subsection (b-2) or (b-3). If an authority requires |
|
additional time as provided by this subsection, the authority must |
|
send the notice not later than the 60th day after the date the |
|
30-day period expires for the registered owner to pay the invoice |
|
issued under Subsection (b-2) or (b-3). The first notice [Notice] |
|
of nonpayment [under Subsection (c)(1)] shall [be sent by
|
|
first-class mail and may not] require payment of the unpaid tolls |
|
included in the invoice [the proper toll] and the administrative |
|
fee before the 30th day after the date the first notice of |
|
nonpayment is mailed[. The registered owner shall pay a separate
|
|
toll and administrative fee for each nonpayment]. |
|
(d-1) If the registered owner of the nonpaying vehicle fails |
|
to pay the unpaid tolls and the administrative fee by the date |
|
specified in the first notice of nonpayment, the authority shall |
|
send a second notice of nonpayment by first class mail to the |
|
registered owner of the nonpaying vehicle. The second notice of |
|
nonpayment must specify the date by which payment must be made and |
|
may require payment of: |
|
(1) the unpaid tolls and administrative fee included |
|
in the first notice of nonpayment; and |
|
(2) an additional administrative fee of not more than |
|
$25 for each unpaid toll included in the notice, not to exceed a |
|
total of $200. |
|
(d-2) If the registered owner of the nonpaying vehicle fails |
|
to pay the amount included in the second notice of nonpayment by the |
|
date specified in that notice, the authority shall send a third |
|
notice of nonpayment by first class mail to the registered owner of |
|
the nonpaying vehicle. The third notice of nonpayment must specify |
|
the date by which payment must be made and may require payment of: |
|
(1) the amount included in the second notice of |
|
nonpayment; and |
|
(2) any third-party collection service fees incurred |
|
by the authority. |
|
(e) If the registered owner of the vehicle fails to pay the |
|
amount included in the third notice of nonpayment by the date |
|
[proper toll and administrative fee in the time] specified in [by] |
|
the notice, the owner may [shall] be cited as for other traffic |
|
violations as provided by law, and the owner shall pay a fine of not |
|
more than $250 for each nonpayment of a toll. |
|
(f) Except as provided by Subsection (f-1), in [In] the |
|
prosecution of a violation for nonpayment, proof that the vehicle |
|
passed through a toll assessment [collection] facility and that the |
|
amount included in the third notice of nonpayment was not paid |
|
before the date specified in the notice, [without payment of the
|
|
proper toll] together with proof that the defendant was the |
|
registered owner or the driver of the vehicle when the unpaid toll |
|
was assessed [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 unpaid toll was assessed [underlying
|
|
event of nonpayment occurred]. |
|
(f-1) Nonpayment by the registered owner of 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 the unpaid |
|
toll was assessed [violation occurs] may assess and collect the |
|
fine in addition to any court costs. The court shall collect the |
|
unpaid tolls, [proper toll and] administrative fees, and |
|
third-party collection service fees incurred by the authority on or |
|
before the date the fines and court costs are collected by the court |
|
[fee] and forward the tolls [toll] and fees [fee] to the authority. |
|
Payment of the unpaid tolls, administrative fees, and third-party |
|
collection service fees by the registered owner may not be waived by |
|
the court unless the court finds that the registered owner of the |
|
vehicle is indigent. |
|
(i) A registered owner who is the lessor of a vehicle for |
|
which an invoice is mailed under Subsection (b-2) or (b-3) [a notice
|
|
of nonpayment has been issued] is not liable if, not later than the |
|
30th day after the date the invoice [notice of nonpayment] 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 |
|
assessed [of the nonpayment], 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 assessed [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 the unpaid toll was assessed [of the violation] 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[.
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 3. Section 366.178, Transportation Code, as amended |
|
by this Act, applies only to a vehicle that is driven or towed |
|
through a toll assessment facility, as defined by Section 366.003, |
|
Transportation Code, as amended by this Act, on or after the |
|
effective date of this Act. A toll that is assessed before the |
|
effective date of this Act is governed by the law in effect on the |
|
date the vehicle was driven or towed through a toll assessment |
|
facility, and the former law is continued in effect for that |
|
purpose. |
|
SECTION 4. This Act takes effect September 1, 2011. |
|
|
|
|
|
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
I hereby certify that S.B. No. 469 passed the Senate on |
|
April 14, 2011, by the following vote: Yeas 31, Nays 0; and that |
|
the Senate concurred in House amendment on May 27, 2011, by the |
|
following vote: Yeas 31, Nays 0. |
|
|
|
|
______________________________ |
|
Secretary of the Senate |
|
|
I hereby certify that S.B. No. 469 passed the House, with |
|
amendment, on May 23, 2011, by the following vote: Yeas 142, |
|
Nays 0, one present not voting. |
|
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
|
|
Approved: |
|
|
|
______________________________ |
|
Date |
|
|
|
|
|
______________________________ |
|
Governor |