Bill Text: TX SB1329 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to remedies for nonpayment of regional tollway authority tolls.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-04-10 - Left pending in committee [SB1329 Detail]
Download: Texas-2013-SB1329-Introduced.html
83R9673 JTS-F | ||
By: Paxton | S.B. No. 1329 |
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relating to remedies for nonpayment of regional tollway authority | ||
tolls. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Sections 366.178(d-2) and (g), Transportation | ||
Code, are amended to read as follows: | ||
(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: | ||
(1) must specify the date by which payment must be | ||
made; | ||
(2) [ |
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(A) [ |
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notice of nonpayment; and | ||
(B) [ |
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fees incurred by the authority; and | ||
(3) must include a warning that the failure to pay the | ||
amounts specified in the notice may result in the authority's | ||
exercise of habitual violator remedies under Subchapter I. | ||
(g) The court of the local jurisdiction in which the unpaid | ||
toll was assessed may assess and collect the fine in addition to any | ||
court costs. The court may [ |
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administrative fees, and third-party collection service fees | ||
incurred by the authority [ |
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the authority. [ |
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SECTION 2. Chapter 366, Transportation Code, is amended by | ||
adding Subchapter I to read as follows: | ||
SUBCHAPTER I. HABITUAL VIOLATOR REMEDIES | ||
Sec. 366.451. NOTICE OF INTENTION TO SEEK ADMINISTRATIVE | ||
DECISION REGARDING HABITUAL VIOLATOR REMEDIES. (a) An authority | ||
may seek an administrative decision to determine whether habitual | ||
violator remedies under this subchapter may be exercised against | ||
the registered owner of a vehicle if the authority sends to the | ||
owner: | ||
(1) one or more third notices of nonpayment containing | ||
the warning under Section 366.178(d-2)(3) indicating that a vehicle | ||
or vehicles of the owner incurred 100 or more tolls that were not | ||
paid in full by the dates specified in the notices and that remain | ||
not fully paid; and | ||
(2) notice of the authority's intent to seek an | ||
administrative decision by first class mail to: | ||
(A) the last address of the owner known to the | ||
authority; or | ||
(B) the owner's address as recorded in the Texas | ||
Department of Motor Vehicles vehicle registration records. | ||
(b) A notice issued under Subsection (a)(2) must: | ||
(1) include the total amount of unpaid tolls and fees | ||
not paid in full as specified in one or more third notices of | ||
nonpayment; and | ||
(2) advise the registered owner that: | ||
(A) the registered owner is entitled to a hearing | ||
under Section 366.452 to contest a proposed administrative | ||
decision; and | ||
(B) the authority may exercise habitual violator | ||
remedies against the owner if the administrative decision | ||
authorizes the exercise of those remedies, and the administrative | ||
decision will remain in effect until all unpaid tolls and fees owed | ||
to the authority by the owner are paid or are otherwise addressed to | ||
the satisfaction of the authority in the authority's sole | ||
discretion. | ||
Sec. 366.452. HEARING. (a) A registered owner may, not | ||
later than the 30th day after the date of the notice under Section | ||
366.451, request a hearing on the issue of whether the authority may | ||
exercise habitual violator remedies. | ||
(b) An authority shall adopt rules for a hearing under this | ||
section. The rules must: | ||
(1) specify issues that are germane to a hearing; | ||
(2) include reasonable rules of procedure; | ||
(3) include the process through which an | ||
administrative decision is issued; | ||
(4) prohibit an administrative decision from going | ||
into effect before the opportunity for a hearing has expired; | ||
(5) require that a hearing officer be an independent | ||
contractor retained by the authority solely to serve as a hearing | ||
officer; | ||
(6) prohibit compensation of the hearing officer by | ||
the authority that is related to the outcome of the hearings before | ||
the hearing officer; | ||
(7) provide that the registered owner has a right to: | ||
(A) be represented by an attorney; and | ||
(B) offer witnesses and evidence, cross-examine | ||
witnesses, and make opening and closing statements; and | ||
(8) vest the hearing officer with discretion to | ||
control the scope and duration of the proceedings and to exclude | ||
oral or written evidence that the hearing officer determines is | ||
irrelevant, immaterial, or unduly repetitious. | ||
(c) A registered owner who fails to request a hearing within | ||
the time specified under Subsection (a) or appear at a scheduled | ||
hearing is considered to have waived the right to a hearing and | ||
consented to the administrative decision, and: | ||
(1) the hearing officer shall issue an administrative | ||
decision authorizing the exercise of habitual violator remedies | ||
under this subchapter if the hearing officer makes the findings | ||
described by Section 366.453(a); and | ||
(2) if the hearing officer issues an administrative | ||
decision authorizing the exercise of habitual violator remedies, | ||
the authority may exercise the habitual violator remedies without | ||
further proceedings or action. | ||
Sec. 366.453. ADMINISTRATIVE DECISION. (a) A hearing | ||
officer may issue an administrative decision authorizing the | ||
authority to exercise habitual violator remedies only if a | ||
preponderance of the evidence demonstrates that: | ||
(1) one or more third notices of nonpayment containing | ||
the warning under Section 366.178(d-2)(3) were sent to the | ||
registered owner indicating that a vehicle or vehicles of the owner | ||
incurred 100 or more unpaid authority tolls, not including any | ||
unpaid tolls for which the defense of theft of the vehicle has been | ||
proven under Section 366.178(h); | ||
(2) the vehicle or vehicles were owned by the | ||
registered owner at the time of passage through a toll assessment | ||
facility; and | ||
(3) the amounts in the third notice or notices of | ||
nonpayment were not paid in full by the dates specified in the | ||
notices and remain not fully paid. | ||
(b) Proof under Subsection (a) may be by testimony of a | ||
peace officer or authority employee, video surveillance, or any | ||
other reasonable evidence. | ||
Sec. 366.454. APPEAL. (a) A registered owner may appeal an | ||
administrative decision authorizing the exercise of habitual | ||
violator remedies by: | ||
(1) filing, not later than the 30th day after the date | ||
on which the decision is rendered, a petition with the clerk of a | ||
district court in the county in which the authority's | ||
administrative offices are located; and | ||
(2) paying the costs required by law for that court. | ||
(b) The court in which an appeal petition is filed shall | ||
schedule a hearing and notify each party of the date, time, and | ||
place of the hearing. | ||
(c) Neither the filing of the appeal petition nor service of | ||
notice of the appeal stays the authority's exercise of the habitual | ||
violator remedies unless the person who files the appeal posts a | ||
bond with the authority issued by a sufficient surety in the total | ||
amount of unpaid tolls and fees owed by the registered owner to the | ||
authority. | ||
Sec. 366.455. HABITUAL VIOLATOR REMEDY: REFUSAL TO REGISTER | ||
VEHICLE. (a) An authority may request that a county | ||
assessor-collector or the Texas Department of Motor Vehicles refuse | ||
under Section 502.010 to register any vehicle that is owned by a | ||
person subject to an administrative decision authorizing the | ||
exercise of habitual violator remedies by the authority. | ||
(b) For the purposes of this section, a vehicle is | ||
considered to be owned by a person if the person holds legal title | ||
to the vehicle, regardless of whether the person obtains legal | ||
title before or after an administrative decision is issued. | ||
SECTION 3. The heading to Section 502.010, Transportation | ||
Code, is amended to read as follows: | ||
Sec. 502.010. COUNTY SCOFFLAW OR TOLLWAY HABITUAL VIOLATOR. | ||
SECTION 4. Section 502.010, Transportation Code, is amended | ||
by amending Subsections (a), (b), (d), and (g) and adding | ||
Subsection (c-1) to read as follows: | ||
(a) A county assessor-collector or the department may | ||
refuse to register a motor vehicle if the assessor-collector or the | ||
department receives information that the owner of the vehicle: | ||
(1) owes the county money for a fine, fee, or tax that | ||
is past due; [ |
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(2) failed to appear in connection with a complaint, | ||
citation, information, or indictment in a court in the county in | ||
which a criminal proceeding is pending against the owner; or | ||
(3) is subject to an administrative decision under | ||
Section 366.453 that authorizes the use of habitual violator | ||
remedies by the authority against the owner. | ||
(b) A county may contract with the department to provide | ||
information to the department necessary to make a determination | ||
under Subsections (a)(1) and (2) [ |
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tollway authority may contract with a county or the department to | ||
provide information necessary to make a determination under | ||
Subsection (a)(3). | ||
(c-1) A regional tollway authority that has a contract under | ||
Subsection (b) shall notify a county assessor-collector or the | ||
department, as applicable, that a person for whom the | ||
assessor-collector or the department has refused to register a | ||
vehicle is no longer subject to an administrative decision under | ||
Section 366.453. | ||
(d) After notice is received under Subsection (c) or (c-1), | ||
the county assessor-collector or the department may not refuse to | ||
register the motor vehicle under Subsection (a). | ||
(g) In this section: | ||
(1) a fine, fee, or tax owed to a county is considered | ||
past due if it is unpaid 90 or more days after the date it is due; | ||
and | ||
(2) registration of a motor vehicle includes renewal | ||
of the registration of the vehicle. | ||
SECTION 5. This Act takes effect September 1, 2013. |