Bill Text: TX SB959 | 2011-2012 | 82nd Legislature | Enrolled
Bill Title: Relating to toll collection and enforcement.
Spectrum: Bipartisan Bill
Status: (Passed) 2011-06-17 - Effective immediately [SB959 Detail]
Download: Texas-2011-SB959-Enrolled.html
S.B. No. 959 |
|
||
relating to toll collection and enforcement. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 228.001, Transportation Code, is amended | ||
by adding Subdivision (3-a) to read as follows: | ||
(3-a) "Registered owner" means an owner as defined in | ||
Section 502.001. | ||
SECTION 2. Subsection (a), Section 228.054, Transportation | ||
Code, is amended to read as follows: | ||
(a) Except as provided by Subsection (e) or Section | ||
228.0545, the operator of a vehicle, other than an authorized | ||
emergency vehicle, as defined by Section 541.201, that is driven or | ||
towed through a toll collection facility 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 an emergency vehicle. | ||
SECTION 3. Subchapter B, Chapter 228, Transportation Code, | ||
is amended by adding Section 228.0545 to read as follows: | ||
Sec. 228.0545. ALTERNATIVE TOLLING METHODS. (a) As an | ||
alternative to requiring payment of a toll at the time a vehicle is | ||
driven or towed through a toll collection facility, the department | ||
may use video billing or other tolling methods to permit the | ||
registered owner of the vehicle to pay the toll at a later date. | ||
(b) The department may use automated enforcement technology | ||
authorized under Section 228.058 to identify the registered owner | ||
of the vehicle for purposes of billing, collection, and enforcement | ||
activities. | ||
(c) The department shall send by first class mail to the | ||
registered owner of the vehicle a written notice of the total amount | ||
due. The notice must specify the date, which may not be earlier | ||
than the 30th day after the date the notice is mailed, by which the | ||
amount due must be paid. The registered owner shall pay the amount | ||
due on or before the date specified in the notice. | ||
(d) The department shall send the notice required under | ||
Subsection (c) and subsequent notices to: | ||
(1) the registered owner'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 owner or | ||
derived through other reliable means. | ||
SECTION 4. Subsections (a), (b), (d), (e), and (h), Section | ||
228.055, Transportation Code, are amended to read as follows: | ||
(a) In the event of nonpayment of the [ |
||
required by Section 228.054 or 228.0545, on issuance of a written | ||
notice of nonpayment, the registered owner of the nonpaying vehicle | ||
is liable for the payment of both the proper toll and an | ||
administrative fee. | ||
(b) The department may impose and collect the | ||
administrative fee, so as to recover the cost of collecting the | ||
unpaid toll, not to exceed $100. The department shall send a | ||
written notice of nonpayment to the registered owner of the vehicle | ||
at that owner'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 at an alternate | ||
address provided by the owner or derived through other reliable | ||
means. The notice of nonpayment shall be sent by first class mail | ||
and may require payment not sooner than the 30th day after the date | ||
the notice was mailed. The registered owner shall pay a separate | ||
toll and administrative fee for each event of nonpayment under | ||
Section 228.054 or 228.0545. | ||
(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 or the date the vehicle was driven or towed through | ||
a toll collection facility that results in a notice issued under | ||
Section 228.0545, 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 or the date the | ||
vehicle was driven or towed through a toll collection facility that | ||
results in a notice issued under Section 228.0545. | ||
(e) It is an exception to the application of Subsection (a) | ||
or (c) if the registered owner of the vehicle transferred ownership | ||
of the vehicle to another person before the event of nonpayment | ||
under Section 228.054 occurred or before the date the vehicle was | ||
driven or towed through a toll collection facility that results in a | ||
notice issued under Section 228.0545, submitted written notice of | ||
the transfer to the department in accordance with Section 520.023, | ||
and, before the 30th day after the date the notice of nonpayment is | ||
mailed, provides to the department the name and address of the | ||
person to whom the vehicle was transferred. If the former owner of | ||
the vehicle provides the required information within the period | ||
prescribed, the department may send a notice of nonpayment to the | ||
person to whom ownership of the vehicle was transferred at the | ||
address provided by the former owner by first class mail before the | ||
30th day after the date of receipt of the required information from | ||
the former owner. The department may send all subsequent notices of | ||
nonpayment associated with the vehicle to the person to whom | ||
ownership of the vehicle was transferred at the address provided by | ||
the former owner or an alternate address provided by the subsequent | ||
owner or derived through other reliable means. The subsequent | ||
owner 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 | ||
subsequent owner shall pay a separate toll and administrative fee | ||
for each event of nonpayment under Section 228.054 or 228.0545. | ||
Each failure to pay a toll or administrative fee under this | ||
subsection is a separate offense. | ||
(h) Notwithstanding the requirement in Subsections (b), | ||
(d-1), and (e) for payment of a separate administrative fee for each | ||
event of nonpayment under Section 228.054 or 228.0545, the | ||
department may impose one administrative fee that covers multiple | ||
events of nonpayment [ |
||
|
||
|
||
|
||
SECTION 5. Subsection (b), Section 228.056, Transportation | ||
Code, is amended to read as follows: | ||
(b) In the prosecution of an offense under Section | ||
228.055(c), (d-1), 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 Texas Department of Motor | ||
Vehicles 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 or on the date the vehicle was driven or | ||
towed through a toll collection facility that results in a notice | ||
issued under Section 228.0545; 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 or on the date | ||
the vehicle was driven or towed through a toll collection facility | ||
that results in a notice issued under Section 228.0545 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 or when the vehicle was driven or towed | ||
through a toll collection facility that results in a notice issued | ||
under Section 228.0545. | ||
SECTION 6. Section 228.057, Transportation Code, is amended | ||
by adding Subsections (g) and (h) to read as follows: | ||
(g) The department may, following closure of an electronic | ||
toll collection customer account and at the request of the account | ||
holder, refund the balance of funds in the account after | ||
satisfaction of any outstanding tolls and fees. | ||
(h) The department may enter into an agreement with a | ||
governmental or private entity regarding the use of a transponder | ||
issued by the department and the corresponding electronic toll | ||
collection customer account to pay for parking services offered by | ||
the entity. | ||
SECTION 7. Subsection (b), Section 228.058, Transportation | ||
Code, is amended to read as follows: | ||
(b) Automated enforcement technology approved by the | ||
department under Subsection (a) may be used only for the purpose of | ||
producing, depicting, photographing, or recording an image that | ||
depicts that portion of a vehicle necessary to establish the | ||
classification of vehicle and the proper toll to be charged, the | ||
license plate number, and the state of registration, including an | ||
image: | ||
(1) of a license plate attached to the front or rear of | ||
a vehicle; and | ||
(2) showing the vehicle dimensions, the presence of a | ||
trailer, and the number of axles. | ||
SECTION 8. The changes in law made by this Act apply only to | ||
an offense committed on or after the effective date of this Act. An | ||
offense committed before the effective date of this Act is governed | ||
by the law in effect on the date the offense was committed, and the | ||
former law is continued in effect for that purpose. For purposes of | ||
this section, an offense was committed before the effective date of | ||
this Act if any element of the offense occurred before that date. | ||
SECTION 9. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2011. | ||
______________________________ | ______________________________ | |
President of the Senate | Speaker of the House | |
I hereby certify that S.B. No. 959 passed the Senate on | ||
April 7, 2011, by the following vote: Yeas 31, Nays 0. | ||
______________________________ | ||
Secretary of the Senate | ||
I hereby certify that S.B. No. 959 passed the House on | ||
May 23, 2011, by the following vote: Yeas 142, Nays 0, one | ||
present not voting. | ||
______________________________ | ||
Chief Clerk of the House | ||
Approved: | ||
______________________________ | ||
Date | ||
______________________________ | ||
Governor |