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A BILL TO BE ENTITLED
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AN ACT
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relating to remedies for nonpayment of regional tollway authority |
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tolls. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 366.178(d-2) and (g), Transportation |
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Code, are amended to read as follows: |
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(d-2) If the registered owner of the nonpaying vehicle fails |
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to pay the amount included in the second notice of nonpayment by the |
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date specified in that notice, the authority shall send a third |
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notice of nonpayment by first class mail to the registered owner of |
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the nonpaying vehicle. The third notice of nonpayment: |
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(1) must specify the date by which payment must be |
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made; |
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(2) [and] may require payment of: |
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(A) [(1)] the amount included in the second |
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notice of nonpayment; and |
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(B) [(2)] any third-party collection service |
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fees incurred by the authority; and |
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(3) must include a warning that the failure to pay the |
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amounts specified in the notice may result in the authority's |
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exercise of habitual violator remedies under Subchapter I. |
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(g) The court of the local jurisdiction in which the unpaid |
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toll was assessed may assess and collect the fine in addition to any |
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court costs. The court may [shall] collect the unpaid tolls, |
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administrative fees, and third-party collection service fees |
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incurred by the authority [on or before the date the fines and court
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costs are collected by the court] and forward the tolls and fees to |
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the authority. [Payment of the unpaid tolls, administrative fees,
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and third-party collection service fees by the registered owner may
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not be waived by the court unless the court finds that the
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registered owner of the vehicle is indigent.] |
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SECTION 2. Chapter 366, Transportation Code, is amended by |
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adding Subchapter I to read as follows: |
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SUBCHAPTER I. HABITUAL VIOLATOR REMEDIES |
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Sec. 366.451. NOTICE OF INTENTION TO SEEK ADMINISTRATIVE |
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DECISION REGARDING HABITUAL VIOLATOR REMEDIES. (a) An authority |
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may seek an administrative decision to determine whether habitual |
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violator remedies under this subchapter may be exercised against |
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the registered owner of a vehicle if the authority sends to the |
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owner: |
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(1) one or more third notices of nonpayment containing |
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the warning under Section 366.178(d-2)(3) indicating that a vehicle |
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or vehicles of the owner incurred 100 or more tolls that were not |
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paid in full by the dates specified in the notices and that remain |
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not fully paid; and |
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(2) notice of the authority's intent to seek an |
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administrative decision by first class mail to: |
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(A) the last address of the owner known to the |
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authority; or |
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(B) the owner's address as recorded in the Texas |
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Department of Motor Vehicles vehicle registration records. |
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(b) A notice issued under Subsection (a)(2) must: |
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(1) include the total amount of unpaid tolls and fees |
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not paid in full as specified in one or more third notices of |
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nonpayment; and |
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(2) advise the registered owner that: |
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(A) the registered owner is entitled to a hearing |
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under Section 366.452 to contest a proposed administrative |
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decision; and |
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(B) the authority may exercise habitual violator |
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remedies against the owner if the administrative decision |
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authorizes the exercise of those remedies, and the administrative |
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decision will remain in effect until all unpaid tolls and fees owed |
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to the authority by the owner are paid or are otherwise addressed to |
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the satisfaction of the authority in the authority's sole |
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discretion. |
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Sec. 366.452. HEARING. (a) A registered owner may, not |
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later than the 30th day after the date of the notice under Section |
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366.451, request a hearing on the issue of whether the authority may |
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exercise habitual violator remedies. |
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(b) An authority shall adopt rules for a hearing under this |
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section. The rules must: |
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(1) specify issues that are germane to a hearing; |
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(2) include reasonable rules of procedure; |
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(3) include the process through which an |
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administrative decision is issued; |
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(4) prohibit an administrative decision from going |
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into effect before the opportunity for a hearing has expired; |
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(5) require that a hearing officer be an independent |
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contractor retained by the authority solely to serve as a hearing |
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officer; |
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(6) prohibit compensation of the hearing officer by |
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the authority that is related to the outcome of the hearings before |
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the hearing officer; |
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(7) provide that the registered owner has a right to: |
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(A) be represented by an attorney; and |
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(B) offer witnesses and evidence, cross-examine |
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witnesses, and make opening and closing statements; and |
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(8) vest the hearing officer with discretion to |
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control the scope and duration of the proceedings and to exclude |
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oral or written evidence that the hearing officer determines is |
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irrelevant, immaterial, or unduly repetitious. |
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(c) A registered owner who fails to request a hearing within |
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the time specified under Subsection (a) or appear at a scheduled |
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hearing is considered to have waived the right to a hearing and |
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consented to the administrative decision, and: |
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(1) the hearing officer shall issue an administrative |
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decision authorizing the exercise of habitual violator remedies |
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under this subchapter if the hearing officer makes the findings |
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described by Section 366.453(a); and |
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(2) if the hearing officer issues an administrative |
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decision authorizing the exercise of habitual violator remedies, |
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the authority may exercise the habitual violator remedies without |
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further proceedings or action. |
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Sec. 366.453. ADMINISTRATIVE DECISION. (a) A hearing |
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officer may issue an administrative decision authorizing the |
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authority to exercise habitual violator remedies only if a |
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preponderance of the evidence demonstrates that: |
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(1) one or more third notices of nonpayment containing |
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the warning under Section 366.178(d-2)(3) were sent to the |
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registered owner indicating that a vehicle or vehicles of the owner |
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incurred 100 or more unpaid authority tolls, not including any |
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unpaid tolls for which the defense of theft of the vehicle has been |
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proven under Section 366.178(h); |
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(2) the vehicle or vehicles were owned by the |
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registered owner at the time of passage through a toll assessment |
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facility; and |
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(3) the amounts in the third notice or notices of |
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nonpayment were not paid in full by the dates specified in the |
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notices and remain not fully paid. |
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(b) Proof under Subsection (a) may be by testimony of a |
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peace officer or authority employee, video surveillance, or any |
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other reasonable evidence. |
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Sec. 366.454. APPEAL. (a) A registered owner may appeal an |
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administrative decision authorizing the exercise of habitual |
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violator remedies by: |
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(1) filing, not later than the 30th day after the date |
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on which the decision is rendered, a petition with the clerk of a |
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district court in the county in which the authority's |
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administrative offices are located; and |
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(2) paying the costs required by law for that court. |
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(b) The court in which an appeal petition is filed shall |
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schedule a hearing and notify each party of the date, time, and |
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place of the hearing. |
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(c) Neither the filing of the appeal petition nor service of |
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notice of the appeal stays the authority's exercise of the habitual |
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violator remedies unless the person who files the appeal posts a |
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bond with the authority issued by a sufficient surety in the total |
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amount of unpaid tolls and fees owed by the registered owner to the |
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authority. |
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Sec. 366.455. HABITUAL VIOLATOR REMEDY: REFUSAL TO REGISTER |
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VEHICLE. (a) An authority may request that a county |
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assessor-collector or the Texas Department of Motor Vehicles refuse |
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under Section 502.010 to register any vehicle that is owned by a |
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person subject to an administrative decision authorizing the |
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exercise of habitual violator remedies by the authority. |
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(b) For the purposes of this section, a vehicle is |
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considered to be owned by a person if the person holds legal title |
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to the vehicle, regardless of whether the person obtains legal |
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title before or after an administrative decision is issued. |
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SECTION 3. The heading to Section 502.010, Transportation |
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Code, is amended to read as follows: |
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Sec. 502.010. COUNTY SCOFFLAW OR TOLLWAY HABITUAL VIOLATOR. |
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SECTION 4. Section 502.010, Transportation Code, is amended |
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by amending Subsections (a), (b), (d), and (g) and adding |
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Subsection (c-1) to read as follows: |
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(a) A county assessor-collector or the department may |
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refuse to register a motor vehicle if the assessor-collector or the |
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department receives information that the owner of the vehicle: |
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(1) owes the county money for a fine, fee, or tax that |
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is past due; [or] |
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(2) failed to appear in connection with a complaint, |
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citation, information, or indictment in a court in the county in |
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which a criminal proceeding is pending against the owner; or |
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(3) is subject to an administrative decision under |
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Section 366.453 that authorizes the use of habitual violator |
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remedies by the authority against the owner. |
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(b) A county may contract with the department to provide |
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information to the department necessary to make a determination |
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under Subsections (a)(1) and (2) [Subsection (a)]. A regional |
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tollway authority may contract with a county or the department to |
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provide information necessary to make a determination under |
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Subsection (a)(3). |
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(c-1) A regional tollway authority that has a contract under |
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Subsection (b) shall notify a county assessor-collector or the |
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department, as applicable, that a person for whom the |
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assessor-collector or the department has refused to register a |
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vehicle is no longer subject to an administrative decision under |
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Section 366.453. |
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(d) After notice is received under Subsection (c) or (c-1), |
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the county assessor-collector or the department may not refuse to |
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register the motor vehicle under Subsection (a). |
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(g) In this section: |
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(1) a fine, fee, or tax owed to a county is considered |
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past due if it is unpaid 90 or more days after the date it is due; |
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and |
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(2) registration of a motor vehicle includes renewal |
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of the registration of the vehicle. |
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SECTION 5. This Act takes effect September 1, 2013. |