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