Bill Text: TX HB3048 | 2013-2014 | 83rd Legislature | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relating to remedies for nonpayment of tolls for the use of toll projects; authorizing a fee; creating an offense.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2013-04-30 - Laid on the table subject to call [HB3048 Detail]

Download: Texas-2013-HB3048-Introduced.html

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By: Phillips H.B. No. 3048

A BILL TO BE ENTITLED
AN ACT
relating to remedies for nonpayment of tolls for the use of certain
toll projects; authorizing a fee and certain investigative and
court costs; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 228, Transportation Code,
is amended by adding Sections 228.060, 228.061, and 228.062 to read
as follows:
Sec. 228.060. PUBLICATION OF NONPAYING VEHICLE
INFORMATION. Notwithstanding the confidentiality of electronic
toll collection customer account information under Section
228.057(e), the department may publish a list of the names of the
registered owners or lessees of nonpaying vehicles who at the time
of publication are liable for the payment of a past due and unpaid
toll or administrative fee. The list may include only the persons'
names and, for each person listed:
(1) the city and state of the person's residence;
(2) the total number of events of nonpayment under
Section 228.054 or 228.0545; and
(3) the total amount due for the tolls and
administrative fees.
Sec. 228.061. TOLL VIOLATION PAYMENT PLAN. The department
may enter into an agreement with the registered owner of a vehicle
allowing the person to pay the total amount of outstanding tolls and
administrative fees over a specified period. The agreement must be
in writing and specify the amount due for tolls and administrative
fees, the duration of the agreement, and the amount of each payment.
Sec. 228.062. DEFAULT; SUIT TO RECOVER OUTSTANDING BALANCE
DUE. (a) If the registered owner of the vehicle fails to comply with
the terms of an agreement described by Section 228.061, the
department may send by first class mail to the person at the address
shown on the agreement a written notice demanding payment of the
outstanding balance due.
(b) If the registered owner fails to pay the outstanding
balance due on or before the 30th day after the date on which the
notice is mailed, the department may refer the matter to the
attorney general for suit or collection.
(c) The attorney general may file suit in a district court
in Travis County to recover the outstanding balance due. The
attorney general may recover reasonable attorney's fees,
investigative costs, and court costs incurred on behalf of the
department in the proceeding in the same manner as provided by
general law for a private litigant.
SECTION 2. Chapter 228, Transportation Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. HABITUAL VIOLATOR REMEDIES
Sec. 228.301. HABITUAL VIOLATOR. (a) For purposes of this
subchapter, a habitual violator is a registered owner of a vehicle
who the department determines:
(1) was issued at least two written notices of
nonpayment in accordance with Section 228.055 for ten or more days
of nonpayment under Section 228.054 or 228.0545 within a period of
one year; and
(2) has not paid in full the total amount due for tolls
and administrative fees under those notices.
(b) If the department makes a determination under
Subsection (a), the department shall give written notice to the
person at:
(1) the person'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 person or
derived through other reliable means.
(c) The notice must:
(1) be sent by first class mail and is presumed
received on the fifth day after the date the notice is mailed; and
(2) state:
(A) the total number of dates of nonpayment under
Section 228.054 or 228.0545 and the total amount due for tolls and
administrative fees;
(B) the date of the determination under
Subsection (a);
(C) the right of the person to request a hearing
on the determination; and
(D) the procedure for requesting a hearing,
including the period during which the request must be made.
(d) If not later than the 30th day after the date on which
the person is presumed to have received the notice the department
receives a written request for a hearing, a hearing shall be held as
provided by Section 228.302. A hearing request received within the
period provided by this subsection stays the effect of the
department's determination until the date of the final decision of
the justice of the peace under Section 228.302.
(e) If the person does not request a hearing within the
period provided by Subsection (d), the department's determination
becomes final on the expiration of that period.
Sec. 228.302. HEARING. (a) A justice court has jurisdiction
to conduct a hearing in accordance with this section.
(b) A hearing requested under Section 228.301 shall be
conducted in a justice court:
(1) in the county in which the toll collection
facilities where the events of nonpayment occurred are located; or
(2) if events of nonpayment occurred in more than one
county, the county in which the toll collection facilities where a
majority of the events of nonpayment occurred are located.
(c) The justice of the peace is entitled to receive a fee not
to exceed $100 for conducting the hearing. The party that does not
prevail under the justice's finding under Subsection (f) is liable
for payment of the fee.
(d) The issues that must be proven at the hearing by a
preponderance of the evidence are:
(1) whether the registered owner was issued at least
two written notices of nonpayment in accordance with Section
228.055 for 10 or more days of nonpayment under Section 228.054 or
228.0545 within a period of one year; and
(2) whether the total amount due for tolls and
administrative fees specified in those notices was not paid in full
by the dates specified in the notices and remains not fully paid.
(e) Proof under Subsection (d) may be by oral testimony,
documentary evidence, video surveillance, or any other reasonable
evidence.
(f) If the justice of the peace finds in the affirmative on
each issue in Subsection (d), the department's determination that
the registered owner is a habitual violator is sustained and
becomes final. If the justice does not find in the affirmative on
each issue in Subsection (d), the department shall rescind its
determination under Section 228.301. Rescission of the
determination under Section 228.301 does not limit the department's
authority to pursue collection of the outstanding tolls and
administrative fees in accordance with Section 228.055.
(g) A registered owner who requests a hearing and fails to
appear without just cause waives the right to a hearing and the
department's determination is final.
Sec. 228.303. APPEAL. (a) A registered owner may appeal the
justice of the peace's decision by filing a petition not later than
the 30th day after the date on which the decision is rendered:
(1) in the county court at law of the county in which
the justice of the peace precinct is located; or
(2) if there is no county court at law in that county,
in the county court.
(b) The registered owner must send a file-stamped copy of
the petition, certified by the clerk of the court, to the department
by certified mail.
(c) The court shall notify the department of the hearing not
later than the 31st day before the date the court sets for the
hearing.
(d) A trial on appeal is a trial de novo.
Sec. 228.304. PERIOD DETERMINATION IS EFFECTIVE. (a) A
final determination under Section 228.301 or 228.302 that a person
is a habitual violator remains in effect until:
(1) the total amount due for the person's tolls and
administrative fees is paid; or
(2) the department, in its sole discretion, determines
that the amount has been otherwise addressed.
(b) When a determination terminates, the department
immediately shall send notice of the termination:
(1) to the registered owner who is the subject of the
determination; and
(2) if the department provided notice to a county
assessor-collector or the Texas Department of Motor Vehicles under
Section 502.011, to that county assessor-collector or the Texas
Department of Motor Vehicles, as appropriate.
Sec. 228.305. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE
ON TOLL PROJECT; OFFENSE. (a) The department, by order of the
commission, may prohibit the operation of a motor vehicle on a toll
project of the department if:
(1) the registered owner of the vehicle has been
finally determined to be a habitual violator under Section 228.060
or 228.061; and
(2) the department has provided notice of the
prohibition order to the registered owner.
(b) The notice required by Subsection (a)(2) must be sent by
first class mail to the registered owner at least 10 days before the
date the prohibition order takes effect and is presumed received on
the fifth day after the date the notice is mailed.
(c) Notwithstanding the confidentiality of electronic toll
collection customer account information under Section 228.057, the
order described in Subsection (a) may include the person's name,
the city and state of residence, and the license plate number of the
nonpaying vehicle.
(d) A person commits an offense under Section 30.05, Penal
Code, if the person operates a motor vehicle on a toll project in
violation of an order issued under Subsection (a).
Sec. 228.306. DENIAL OF VEHICLE REGISTRATION. After a final
determination under Section 228.301 or 228.302 that the registered
owner of the vehicle is a habitual violator, the department may
report the determination to a county-assessor collector or the
Texas Department of Motor Vehicles in order to cause the denial of
registration of the owner's vehicle, as provided by Section
502.011.
SECTION 3. 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) [and] may require payment of:
(A) [(1)] the amount included in the second
notice of nonpayment; and
(B) [(2)] any third-party collection service
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 [shall] collect the unpaid tolls,
administrative fees, and third-party collection service fees
incurred by the authority [on or before the date the fines and court
costs arc collected by the court] and forward the tolls and fees 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.]
SECTION 4. 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 10 or more days of 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 10 or more days of 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, including, for the purposes of pursuing
habitual violator remedies against a lessee under Section 366.457,
a copy of a contract document or electronic data described by
Section 366.178(i).
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: CRIMINAL TRESPASS.
(a) When an administrative decision authorizing the exercise of
habitual violator remedies is in effect, the authority may provide
the registered owner by any means the notice required under Section
30.05, Penal Code, for the offense of criminal trespass, including
by service on the registered owner by a peace officer who stops or
detains a vehicle for a traffic or other violation or who renders
aid to the vehicle. The notice may forbid the registered owner's
entry onto any portion of a turnpike project designated by the
authority as a controlled-access toll road under Section 366.180,
and the owner commits an offense under Section 30.05, Penal Code, by
the owner's entry onto the turnpike project without effective
consent.
(b) In addition to an authority's exercise of its rights
under Subsection (a) against a registered owner, the authority may
exercise those rights against a person who drives a vehicle owned by
the registered owner by providing the driver with the criminal
trespass notice described in Subsection (a). The driver commits an
offense under Section 30.05, Penal Code, by the driver's subsequent
entry onto the portion of the turnpike project described in the
notice.
(c) Nothing in this section limits an authority's rights
under Section 30.05, Penal Code.
Sec. 366.456. 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 502.011 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.
Sec. 366.457. HABITUAL VIOLATOR REMEDIES AGAINST LESSEE OF
VEHICLE. (a) An authority may seek an administrative decision
authorizing the exercise of habitual violator remedies against a
lessee of a vehicle and not the registered owner if the authority,
as authorized under Section 366.178(i-1), sends to the lessee 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 10 or more days of unpaid tolls that:
(1) were not paid in full by the dates specified in the
notice or notices and that remain not fully paid; and
(2) were incurred during the period of the lease as
shown in the contract document or electronic data submitted to the
authority under Section 366.178(i).
(b) An authority seeking an administrative decision against
a lessee under Subsection (a) shall use the procedures of this
subchapter as if the lessee were the registered owner.
SECTION 5. Section 370.177, Transportation Code, is amended
by adding Subsection (c-1) to read as follows:
(c-1) The notice under Subsection (c) 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 L.
SECTION 6. Subchapter E, Chapter 370, Transportation Code,
is amended by adding Section 370.1771 to read as follows:
Sec. 370.1771. NONPAYMENT BY VEHICLES NOT REGISTERED IN
THIS STATE. (a) An authority may, in lieu of mailing a written
notice of nonpayment under Section 370.177(c), serve with a written
notice of nonpayment in person an owner of a vehicle that is not
registered in this state, including the owner of a vehicle
registered in another state of the United States, the United
Mexican States, a state of the United Mexican States, or another
country or territory. A notice of nonpayment may also be served by
an employee of a governmental entity operating an international
bridge at the time a vehicle with a record of nonpayment seeks to
enter or leave this state.
(b) Each written notice of nonpayment issued under
Subsection (a) shall include a warning that the failure to pay the
amounts in the notice may result in the authority's exercise of the
habitual violator remedies under Section 370.455.
(c) A person who is served a written notice of nonpayment
under Subsection (a) and fails to pay the proper toll and
administrative fee within the time specified in the notice commits
an offense. Each failure to pay a toll or administrative fee under
this subsection is a separate offense.
(d) An offense under Subsection (c) is a misdemeanor
punishable by a fine not to exceed $250. The court in which a person
is convicted of an offense under this section shall also collect the
proper toll and administrative fee and forward the toll and fee to
the authority.
(e) Section 370.177(e) applies to an offense under
Subsection (c), except that the person must provide the contract
document or electronic data not later than the 30th day after the
date notice is served under Subsection (a).
(f) Sections 370.177(i) and (j) apply to an offense under
this section.
SECTION 7. Chapter 370, Transportation Code, is amended by
adding Subchapter L to read as follows:
SUBCHAPTER L. HABITUAL VIOLATOR REMEDIES
Sec. 370.451. 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 notices of nonpayment containing the
warning under Section 370.177(c-1) indicating that a vehicle or
vehicles of the owner incurred 10 or more days 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 dates of nonpayment and the total
amount of unpaid tolls and fees not paid in full as specified in one
or more notices of nonpayment; and
(2) advise the registered owner that:
(A) the registered owner is entitled to a hearing
under Section 370.452 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. 370.452. HEARING. (a) A registered owner may, not
later than the 30th day after the date of the notice under Section
370.451, request a hearing on the issue of whether the authority may
exercise habitual violator remedies.
(b) An authority shall by written policy establish a hearing
process under this section. The policy 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 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 370.453(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. 370.453. 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 notices of nonpayment containing the
warning under Section 370.177(c-1) were sent to the registered
owner indicating that a vehicle or vehicles of the owner incurred 10
or more days of unpaid authority tolls, not including any unpaid
tolls for which the defense of theft of the vehicle has been proven
under Section 370.177(j);
(2) the vehicle or vehicles were owned by the
registered owner at the time of passage through a toll collection
facility; and
(3) the amounts in the 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, other
evidence establishing that a vehicle owned by a registered owner
passed through a toll collection facility, or any other reasonable
evidence, including, for the purposes of pursuing habitual violator
remedies against a lessee under Section 370.457, a copy of a
contract document or electronic data described by Section
370.177(e).
Sec. 370.454. 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. 370.455. HABITUAL VIOLATOR REMEDY: CRIMINAL TRESPASS.
(a) When an administrative decision authorizing the exercise of
habitual violator remedies is in effect, the authority may provide
the registered owner by any means the notice required under Section
30.05, Penal Code, for the offense of criminal trespass, including
by service on the registered owner by a peace officer who stops or
detains a vehicle for a traffic or other violation or who renders
aid to the vehicle. The notice may forbid the registered owner's
entry onto any portion of a turnpike project designated by the
authority as a controlled-access toll road under Section 370.179,
and the owner commits an offense under Section 30.05, Penal Code, by
the owner's entry onto the turnpike project without effective
consent.
(b) In addition to an authority's exercise of its rights
under Subsection (a) against a registered owner, the authority may
exercise those rights against a person who drives a vehicle owned by
the registered owner by providing the driver with the criminal
trespass notice described in Subsection (a). The driver commits an
offense under Section 30.05, Penal Code, by the driver's subsequent
entry onto the portion of the turnpike project described in the
notice.
(c) Nothing in this section limits an authority's rights
under Section 30.05, Penal Code.
Sec. 370.456. HABITUAL VIOLATOR REMEDY: REFUSAL TO REGISTER
VEHICLE. (a) An authority may notify a county assessor-collector or
the Texas Department of Motor Vehicles under Section 502.011 that
the owner of a vehicle is 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.
Sec. 370.457. HABITUAL VIOLATOR REMEDIES AGAINST LESSEE OF
VEHICLE. (a) An authority may seek an administrative decision
authorizing the exercise of habitual violator remedies against a
lessee of a vehicle and not the registered owner if the authority,
as authorized under Section 370.177(e-1), sends to the lessee one
or more notices of nonpayment containing the warning under Section
370.177(c-1) indicating that a vehicle or vehicles of the owner
incurred 100 or more tolls that:
(1) were not paid in full by the dates specified in the
notice or notices and that remain not fully paid; and
(2) were incurred during the period of the lease as
shown in the contract document or electronic data submitted to the
authority under Section 370.177(e).
(b) An authority seeking an administrative decision against
a lessee under Subsection (a) shall use the procedures of this
subchapter as if the lessee were the registered owner.
Sec. 370.458. HABITUAL VIOLATOR REMEDIES AGAINST OWNERS OF
VEHICLES NOT REGISTERED IN THIS STATE. (a) An authority may seek an
administrative decision under Section 370.453 to determine whether
habitual violator remedies under Section 370.455 may be exercised
against a person described by Section 370.1771(a) if:
(1) the person is served with five or more written
notices of nonpayment under Section 370.1771(a) and the amount
owing under the notices was not paid in full by the dates specified
in the notices and remains not fully paid; and
(2) notice of the authority's intent to seek an
administrative decision containing the information under Section
370.451(b) was served on the person in the manner described by
Section 370.1771(a) for a notice of nonpayment.
(b) A person described by Section 370.1771(a) may request a
hearing under Section 370.452 not later than the 30th day after the
date of the notice under Subsection (a)(2).
(c) In making an administrative decision under Section
370.453 against a person described by Section 370.1771(a), a
hearing officer must find that the requirements of Subsection (a)
(1) have been meet in lieu of the finding otherwise required under
Section 370.453(a)(1).
Sec. 370.459. USE OF HABITUAL VIOLATOR REMEDIES OPTIONAL.
An authority's use of habitual violator remedies under this
subchapter is optional, and nothing in this subchapter prohibits an
authority from exercising any other enforcement remedies available
under this chapter or other law, including Section 370.177(1).
SECTION 8. Subchapter A, Chapter 502, Transportation Code,
is amended by adding Section 502.011 to read as follows:
Sec. 502.011. REFUSAL TO REGISTER VEHICLE FOR NONPAYMENT OF
TOLL OR ADMINISTRATIVE FEE. (a) A county assessor-collector or the
department shall refuse to register or renew the registration of a
motor vehicle if it has received written notice from the Texas
Department of Transportation, a regional tollway authority, or a
regional mobility authority that the owner of the vehicle, as
applicable:
(1) has been finally determined to be a habitual
violator under Section 228.301 or 228.302; or
(2) is subject to an administrative decision that
authorizes the use of habitual violator remedies against the owner.
(b) The Texas Department of Transportation, a regional
tollway authority, or a regional mobility authority shall notify a
county assessor-collector or the department, as applicable, that:
(1) a person for whom the assessor-collector or the
department has refused to register a vehicle is no longer
determined to be a habitual violator or subject to an
administrative decision, as applicable; or
(2) an appeal has been perfected and the appellant has
posted any bond required to stay the department's or authority's
exercise of habitual violator remedies pending the appeal.
SECTION 9. Subchapter B, Chapter 103, Government Code, is
amended by adding Section 103.0321 to read as follows:
Sec. 103.0321. MISCELLANEOUS FEES AND COSTS:
TRANSPORTATION CODE. A reasonable fee not to exceed $100 may be
collected under Section 228.302(c), Transportation Code, as court
costs for determining whether a person is a habitual violator for
purposes of Subchapter G, Chapter 228, Transportation Code.
SECTION 10. This Act takes effect January 1, 2014.