Header:
Texas Annotated Statutes
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE G. TURNPIKES AND TOLL PROJECTS
CHAPTER 366. REGIONAL TOLLWAY AUTHORITIES
SUBCHAPTER E. ACQUISITION, CONSTRUCTION, AND OPERATION OF TURNPIKE PROJECTS
Date:
08/31/2009
Document:
§ 366.178. Failure or Refusal to Pay Toll
(a) A motor vehicle other than an authorized emergency vehicle, as defined by Section 541.201, that passes through a toll collection facility, whether driven or towed, 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 a police or emergency vehicle.
(b) A person who fails or refuses to pay a toll provided for the use of a project is liable for a fine not to exceed $ 250, plus an administrative fee incurred in connection with the violation.
(c) If a person fails to pay the proper toll:
(1) on issuance of a notice of nonpayment, the registered owner of the nonpaying vehicle shall pay both the proper toll and the administrative fee; and
(2) an authority may charge an administrative fee of not more than $ 100 to recover the cost of collecting the unpaid toll.
(d) Notice of nonpayment under Subsection (c)(1) shall be sent by first-class mail and may not require payment of the proper toll and the administrative fee before the 30th day after the date the notice is mailed. The registered owner shall pay a separate toll and administrative fee for each nonpayment.
(e) If the registered owner of the vehicle fails to pay the proper toll and administrative fee in the time specified by the notice, the owner shall be cited as for other traffic violations as provided by law, and the owner shall pay a fine of not more than $ 250 for each nonpayment.
(f) In the prosecution of a violation for nonpayment, proof that the vehicle passed through a toll collection facility without payment of the proper toll together with proof that the defendant was the registered owner or the driver of the vehicle when the failure to pay occurred, establishes the nonpayment of the registered owner. The proof may be by testimony of a peace officer or authority employee, video surveillance, or any other reasonable evidence, including a copy of the rental, lease, or other contract document or the electronic data provided to the authority under Subsection (i) that shows the defendant was the lessee of the vehicle when the underlying event of nonpayment occurred.
(g) The court of the local jurisdiction in which the violation occurs may assess and collect the fine in addition to any court costs. The court shall collect the proper toll and administrative fee and forward the toll and fee to the authority.
(h) It is a defense to nonpayment under this section that the motor 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.
(i) A registered owner who is the lessor of a vehicle for which a notice of nonpayment has been issued is not liable if, not later than the 30th day after the date the notice of nonpayment is mailed, the registered owner provides to the authority:
(1) a copy of the rental, lease, or other contract document covering the vehicle on the date of the nonpayment, with the name and address of the lessee clearly legible; or
(2) electronic data, 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 this section.
(i-1) If the lessor timely provides the required information under Subsection (i), the lessee of the vehicle on the date of the violation is considered to be the owner of the vehicle for purposes of this section. The lessee is subject to prosecution for failure to pay the proper toll if the authority sends a notice of nonpayment to the lessee by first-class mail not later than the 30th day after the date of the receipt of the information from the lessor.
(j) In addition to the other powers and duties provided by this chapter, an authority has the same powers and duties as the department under Chapter 228, a county under Chapter 284, and a regional mobility authority under Chapter 370, regarding the authority's toll collection and enforcement powers for:
(1) the authority's turnpike projects; and
(2) other toll projects developed, financed, constructed, or operated under an agreement, including a comprehensive development agreement, with the authority.
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