Bill Text: TX SB1792 | 2013-2014 | 83rd Legislature | Enrolled

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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: Slight Partisan Bill (Republican 2-1)

Status: (Passed) 2013-06-14 - Effective immediately [SB1792 Detail]

Download: Texas-2013-SB1792-Enrolled.html

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S.B. No. 1792

AN ACT
relating to remedies for nonpayment of tolls for the use of toll
projects; authorizing a fee; creating an offense.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 372, Transportation Code, is amended by
adding Subchapter C to read as follows:
SUBCHAPTER C. NONPAYMENT OF TOLLS; REMEDIES
Sec. 372.101. APPLICABILITY. This subchapter does not
apply to a county acting under Chapter 284.
Sec. 372.102. PUBLICATION OF NONPAYING VEHICLE
INFORMATION. (a) Notwithstanding the confidentiality of
electronic toll collection customer account information, including
confidentiality under Sections 228.057(e), 366.179(d), and
370.178(d), a toll project entity 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 past due and
unpaid tolls or administrative fees. 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; and
(3) the total amount due for the tolls and
administrative fees.
(b) A toll project entity may not include on a list
published under Subsection (a) the name of a registered owner who
remits a tax imposed under Section 152.026, Tax Code.
Sec. 372.103. TOLL VIOLATION PAYMENT PLAN. A toll project
entity may enter into an agreement with the registered owner of a
vehicle, for whom a single payment is not feasible, that allows 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. 372.104. 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 372.103, a toll
project entity 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 toll project entity may, in addition to other
remedies available to the entity, refer the matter to an attorney
authorized to represent the toll project entity for suit or
collection.
(c) The authorized attorney may file suit in a district
court in the county in which the toll project entity's
administrative offices are primarily located to recover the
outstanding balance due. The authorized attorney may recover
reasonable attorney's fees, investigative costs, and court costs
incurred on behalf of the toll project entity in the proceeding.
Sec. 372.105. NONPAYMENT BY VEHICLES NOT REGISTERED IN THIS
STATE. (a) A toll project entity may, in lieu of mailing a written
notice of nonpayment, 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 toll project entity's
exercise of the habitual violator remedies under this subchapter.
(c) An owner 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 an owner
is convicted of an offense under this section may also collect the
proper toll and administrative fee and forward the toll and fee to
the toll project entity.
(e) It is a defense to prosecution under Subsection (c) that
the 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 served
under Subsection (a) provides to the toll project entity proof that
meets applicable toll project entity law establishing that the
vehicle was leased to another person at the time of the nonpayment.
(f) It is a defense to prosecution under Subsection (c) that
the vehicle in question was stolen before the failure to pay the
proper toll occurred and was not recovered by the time of the
failure to pay, but only if the theft was reported to the
appropriate law enforcement authority before the earlier of:
(1) the occurrence of the failure to pay; or
(2) eight hours after the discovery of the theft.
Sec. 372.106. HABITUAL VIOLATOR. (a) For purposes of this
subchapter, a habitual violator is a registered owner of a vehicle
who a toll project entity determines:
(1) was issued at least two written notices of
nonpayment that contained:
(A) in the aggregate, 100 or more events of
nonpayment within a period of one year, not including events of
nonpayment for which:
(i) the registered owner has provided to
the toll project entity information establishing that the vehicle
was subject to a lease at the time of the nonpayment, as provided by
applicable toll project entity law; or
(ii) a defense of theft at the time of the
nonpayment has been established as provided by applicable toll
project entity law; and
(B) a warning that the failure to pay the amounts
specified in the notices may result in the toll project entity's
exercise of habitual violator remedies; and
(2) has not paid in full the total amount due for tolls
and administrative fees under those notices.
(b) If the toll project entity makes a determination under
Subsection (a), the toll project entity 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 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 events of nonpayment 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 toll project
entity receives a written request for a hearing, a hearing shall be
held as provided by Section 372.107.
(e) If the person does not request a hearing within the
period provided by Subsection (d), the toll project entity's
determination becomes final and not subject to appeal on the
expiration of that period.
Sec. 372.107. HEARING. (a) A justice court has
jurisdiction to conduct a hearing in accordance with this section.
(b) A hearing requested under Section 372.106 shall be
conducted in a justice court in a county in which the toll
collection facilities where at least 25 percent of the events of
nonpayment occurred are located.
(c) A party requesting a hearing shall pay a filing fee of
$100 to the clerk of the justice court. If that party prevails
under the justice's finding under Subsection (f), the other party
shall reimburse the prevailing party for the amount of the filing
fee within 10 days after issuance of the finding.
(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 for an aggregate of 100 or more
events of nonpayment within a period of one year, not including
events of nonpayment for which:
(A) the registered owner has provided to the toll
project entity information establishing that the vehicle was
subject to a lease at the time of the nonpayment, as provided by
applicable toll project entity law; or
(B) a defense of theft at the time of the
nonpayment has been established as provided by applicable toll
project entity law; 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 toll project entity'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 toll project
entity shall rescind its determination that the registered owner is
a habitual violator. Rescission of the determination does not
limit the toll project entity's authority to pursue collection of
the outstanding tolls and administrative fees.
(g) A registered owner who requests a hearing and fails to
appear without just cause waives the right to a hearing, and the
toll project entity's determination is final and not subject to
appeal.
(h) A justice of the peace court may adopt administrative
hearings processes to expedite hearings conducted under this
section.
Sec. 372.108. 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 toll
project entity by certified mail not later than the 30th day after
the date the appeal petition is filed.
(c) The court shall notify the toll project entity 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 on the issues under
Section 372.107(d).
(e) Neither the filing of the appeal petition nor service of
notice of the appeal stays the toll project entity's exercise of the
habitual violator remedies unless the person who files the appeal
posts a bond with the toll project entity issued by a sufficient
surety in the total amount of unpaid tolls and fees owed by the
registered owner to the toll project entity.
Sec. 372.109. PERIOD DETERMINATION IS EFFECTIVE. (a) A
final determination 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 toll project entity, in its sole discretion,
determines that the amount has been otherwise addressed.
(b) When a determination terminates, the toll project
entity shall, not later than the seventh day after the date of the
termination, send notice of the termination:
(1) to the person who is the subject of the
determination at an address under Section 372.106(b); and
(2) if the toll project entity provided notice to a
county assessor-collector or the Texas Department of Motor Vehicles
under Section 502.011, to that county assessor-collector or that
department, as appropriate.
Sec. 372.110. ORDER PROHIBITING OPERATION OF MOTOR VEHICLE
ON TOLL PROJECT; OFFENSE. (a) A toll project entity, by order of
its governing body, may prohibit the operation of a motor vehicle on
a toll project of the toll project entity if:
(1) the registered owner of the vehicle has been
finally determined to be a habitual violator; and
(2) the toll project entity 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 an address under Section
372.106(b) 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 any provisions of law governing the
confidentiality of electronic toll collection customer account
information, the order described in Subsection (a) may include the
registered owner's name, the city and state of residence, and the
license plate number of the nonpaying vehicle.
(d) A person commits an offense if the person operates a
motor vehicle on a toll project in violation of an order issued
under Subsection (a). An offense under this subsection is a Class C
misdemeanor.
Sec. 372.111. DENIAL OF MOTOR VEHICLE REGISTRATION. After
a final determination that the registered owner of a motor vehicle
is a habitual violator, the toll project entity may report the
determination to a county assessor-collector or the Texas
Department of Motor Vehicles in order to cause the denial of vehicle
registration as provided by Section 502.011.
Sec. 372.112. IMPOUNDMENT OF MOTOR VEHICLE. (a) A peace
officer may detain a motor vehicle observed by the officer to be
operated in violation of an order under Section 372.110(a) and may
direct the impoundment of the vehicle if:
(1) the vehicle was previously operated on a toll
project in violation of an order issued under Section 372.110(a);
and
(2) personal notice to the registered owner of the
vehicle of the toll project entity's intent to have the vehicle
impounded on a second or subsequent violation of Section 372.110(a)
was provided:
(A) at the time of the hearing under Section
372.107;
(B) at the time of the previous traffic stop
involving a violation of Section 372.110(a); or
(C) by personal service.
(b) A vehicle impounded under this section may be released
after:
(1) payment by or on behalf of the registered owner of
all towing, storage, and impoundment charges; and
(2) a determination by the toll project entity that
all unpaid tolls and fees owed to the entity by the registered owner
are paid or are otherwise addressed to the satisfaction of the toll
project entity in the toll project entity's sole discretion.
(c) For the purposes of Section 2303.155(b)(4), Occupations
Code, fees required to be submitted to a governmental entity
include an amount for unpaid tolls and fees owed by the registered
owner of an impounded vehicle as set out in timely written notice
given by the toll project entity to the operator of the vehicle
storage facility where the vehicle is impounded. The toll project
entity may set out in that notice an amount less than all unpaid
tolls and fees owed by the registered owner without releasing the
registered owner from liability under any other law for the full
amount of unpaid tolls and fees.
Sec. 372.113. HABITUAL VIOLATOR REMEDIES AGAINST LESSEE OF
VEHICLE. (a) A toll project entity may seek habitual violator
remedies against a lessee of a vehicle and not the registered owner
if the toll project entity sends to the lessee, in accordance with
applicable toll project entity law, at least two notices of
nonpayment containing:
(1) the warning under Section 372.106(a)(1)(B); and
(2) in the aggregate, 100 or more events of nonpayment
in the period of one year, not including events of nonpayment for
which a defense of theft at the time of the nonpayment has been
established as provided by applicable toll project entity law,
that:
(A) were not paid in full by the dates specified
in the notices and that remain not fully paid; and
(B) were incurred during the period of the lease
as shown in a lease contract document provided by the registered
owner to the toll project entity as provided by applicable toll
project entity law.
(b) A toll project entity seeking habitual violator
remedies against a lessee under Subsection (a) shall use the
procedures of this subchapter as if the lessee were the registered
owner.
Sec. 372.114. HABITUAL VIOLATOR REMEDIES AGAINST OWNERS OF
VEHICLES NOT REGISTERED IN THIS STATE. (a) A toll project entity
may seek habitual violator remedies against a person described by
Section 372.105(a) if:
(1) the person is served with two or more written
notices of nonpayment under Section 372.105(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 toll project entity's intent to seek
habitual violator remedies was served on the person in the manner
described by Section 372.105(a) for a notice of nonpayment.
(b) A person described by Section 372.105(a) may request a
hearing under Section 372.107 not later than the 30th day after the
date of the notice under Subsection (a)(2).
(c) In making a finding under Section 372.107 against a
person described by Section 372.105(a), a justice of the peace must
find that the requirements of Subsection (a) have been met in lieu
of the findings otherwise required under Section 372.107(d).
Sec. 372.115. USE OF REMEDIES OPTIONAL. A toll project
entity's use of remedies under this subchapter is cumulative of
other remedies and is optional, and nothing in this subchapter
prohibits a toll project entity from exercising any other
enforcement remedies available under this chapter or other law.
Sec. 372.116. TEMPORARY GRACE PERIOD FOR REGIONAL TOLLWAY
AUTHORITIES. (a) Not later than the 30th day after the effective
date of this subchapter, a regional tollway authority shall send to
each person the authority determines to be a habitual violator on
the effective date of this subchapter the notice required by
Section 372.106(b).
(b) The notice under Subsection (a) must also include:
(1) the total amount the person would owe for the
events of nonpayment in the notice, not including any otherwise
applicable administrative fees or penalties; and
(2) information regarding the terms of the grace
period under this section.
(c) Not later than the 90th day after the effective date of
this subchapter, a person who receives notice under this section
may:
(1) request a hearing under Section 372.107; or
(2) become an electronic toll collection customer of
the regional tollway authority and:
(A) pay the amount specified under Subsection (b)
plus an administrative fee in an amount not to exceed 10 percent of
the amount specified under Subsection (b); or
(B) enter into a contract under Section 372.103
to pay the amount specified under Subsection (b) plus an
administrative fee in an amount not to exceed 10 percent of the
amount specified under Subsection (b).
(d) A regional tollway authority may not pursue habitual
toll violator remedies under this subchapter against a person who
becomes an electronic toll collection customer and:
(1) pays the amount specified under Subsection (b)
plus an administrative fee in an amount not to exceed 10 percent of
the amount specified under Subsection (b); or
(2) enters into a contract under Section 372.103 to
pay the amount specified under Subsection (b) plus an
administrative fee in an amount not to exceed 10 percent of the
amount specified under Subsection (b) and makes the required
payments.
(e) This section expires August 31, 2015.
SECTION 2. 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 may refuse to register or renew the registration of a
motor vehicle if it has received written notice from a toll project
entity that the owner of the vehicle has been finally determined to
be a habitual violator under Subchapter C, Chapter 372.
(b) A toll project entity 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
(2) an appeal has been perfected and the appellant has
posted any bond required to stay the toll project entity's exercise
of habitual violator remedies pending the appeal.
(c) This section does not apply to the registration of a
motor vehicle under Section 501.0234.
SECTION 3. 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 filing fee of $100 shall be collected under
Section 372.107(c), Transportation Code, for determining whether a
person is a habitual violator for purposes of Subchapter C, Chapter
372, Transportation Code.
SECTION 4. 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, 2013.
______________________________ ______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1792 passed the Senate on
April 18, 2013, by the following vote: Yeas 28, Nays 1, one
present not voting; and that the Senate concurred in House
amendments on May 17, 2013, by the following vote: Yeas 30,
Nays 0, one present not voting.
______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1792 passed the House, with
amendments, on May 1, 2013, by the following vote: Yeas 140,
Nays 2, one present not voting.
______________________________
Chief Clerk of the House
Approved:
______________________________
Date
______________________________
Governor