HBA-NIK S.B. 1487 76(R) BILL ANALYSIS Office of House Bill AnalysisS.B. 1487 By: Armbrister Transportation 5/6/1999 Engrossed BACKGROUND AND PURPOSE Currently, the Texas Turnpike Authority division of the Texas Department of Transportation lacks the authority to implement an automated enforcement system on toll facilities. Certain photography and video surveillance systems can be used as enforcement tools. S.B.1487 implements an automated enforcement system, including photography and video surveillance, on toll facilities on the state highway system, and make it an offense to operate a vehicle on a state highway facility without paying the proper toll. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 224.156, Transportation Code, as follows: Sec. 224.156. New title: OFFENSES AND ADMINISTRATIVE FEE; NOTICE. (a) Provides that a person commits an offense if the person operates a vehicle on a state highway facility without paying the proper toll. Provides that an offense under this section is a misdemeanor punishable by a fine not to exceed $250. (b) Created from existing text. (c) Redesignated from Subsection (b). (d) Deletes text specifying that the fine a registered owner is required to pay is not to exceed $250. Redesignated from Subsection (c). SECTION 2. Amends Section 224.157, Transportation Code, by amending Subsections (a), (c), and (d), and adding Subsection (e), as follows: (a) Provides that in the prosecution of a violation under Section 224.156, Transportation Code, rather than Sections 224.155 (Failure or Refusal to Pay Toll Charges) and 224.156, proof that a, rather than the, vehicle passed through a toll collection facility without payment of the proper toll, including but not limited to proof by video, photographic, or electronic recording, together with proof that the defendant was the registered owner of the vehicle when the offense, rather than failure to pay, occurred, establishes the commission of the offense by, rather than nonpayment of, the registered owner. (c) Provides that it is a defense to prosecution of a violation, rather than nonpayment, under Section 224.156 that the motor vehicle in question was stolen before the offense, rather than failure to pay the proper toll, occurred and was not recovered by the time of the offense, but only if the theft was reported to the appropriate law enforcement authority before the earlier of the occurrence of the offense, or eight hours after discovery of the theft. Makes conforming changes. (d) Provides that a registered owner who is a lessor of a vehicle involved in an offense under Section 224.156, or concerning which a notice of nonpayment was issued under that section, rather than Section 224.156, is not liable in connection with that offense or notice of nonpayment if, within a specified time, the registered owner provides to the court, or to the Texas Department of Transportation (department) or the transportation corporation, a copy of the rental, lease, or other contract document covering the vehicle on the date of the offense, rather than nonpayment, with the name and address of the lessee clearly legible. Provides that the department or the transportation corporation must send, rather than if the department or the transportation corporation sends, a notice of nonpayment of the proper toll to the lessee by first-class mail 30 days after the date of receipt of the required information from the lessor. Makes conforming and nonsubstantive changes. (e) Adds text providing that it is a defense to prosecution of a violation under Section 224.156 that the motor vehicle in question was a used vehicle transferred before the offense occurred, provided that written notice of transfer was submitted to the department in accordance with Section 520.023 (Powers and Duties of Department on Transfer of Used Vehicle). Provides that if the transferor provides the required information within the period prescribed, the transferee of the vehicle is considered to be the owner of the vehicle for purposes of this subchapter (Congestion Mitigation Projects and Facilities) and is subject to prosecution as if the transferee were the registered owner. SECTION 3. Amends Section 224.158(b), Transportation Code, to delete text specifying the law enforcement officer as being of the Department of Public Safety, thus providing that any law enforcement officer has the authority to seize a stolen or insufficiently funded transponder. SECTION 4. Amends Subchapter F, Chapter 224, Transportation Code, by adding Section 224.160, as follows: Sec. 224.160. AUTOMATED ENFORCEMENT TECHNOLOGY. Authorizes the Texas Transportation Commission to use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, as it deems necessary to aid in the collection of tolls and the enforcement of toll violations, including tolls on temporary toll projects authorized by Section 222.102 (Temporary Toll Projects), Transportation Code. SECTION 5. Amends Section 361.253, Transportation Code, as follows: Sec. 361.253. New title: OFFENSES AND ADMINISTRATIVE FEE; NOTICE. Adds text providing that a person commits an offense if the person operates a vehicle on a turnpike project without paying the proper toll. Provides that an offense under this section is a misdemeanor punishable by a fine not to exceed $250. Makes conforming changes. SECTION 6. Amends Section 361.254, Transportation Code, by amending Subsections (a), (c), and (d) and adding Subsection (e), as follows: (a) Provides that in the prosecution of a violation under Section 361.253, rather than Section 361.252 or 361.253, proof that a, rather than the, vehicle passed through a toll collection facility without payment of the proper toll, including but not limited to proof by video, photographic, or electronic recording, together with proof that the defendant was the registered owner of the vehicle when the offense occurred, establishes the commission of the offense by the registered owner. Makes conforming changes. (c) Makes conforming changes. (d) Makes conforming changes. (e) Adds new text providing that it is a defense to prosecution of a violation under Section 361.253 that the motor vehicle in question was a used vehicle transferred before the offense occurred, provided that written notice of transfer was submitted to the department in accordance with Section 520.023. Provides that if the transferor provides the required information within the period prescribed, the transferee of the vehicle is considered to be the owner of the vehicle for purposes of this section and is subject to prosecution as if the transferee were the registered owner. SECTION 7. Amends Subchapter G, Chapter 361, Transportation Code, by adding 361.2545, as follows: Sec. 361.2545. AUTOMATED ENFORCEMENT TECHNOLOGY. Authorizes the Texas Turnpike Authority to use such technology, including but not limited to automatic vehicle license tag identification photography and video surveillance, either by electronic imaging or photographic copy, as it deems necessary to aid in the collection of tolls and the enforcement of toll violations. SECTION 8. Makes application of this Act prospective. SECTION 9. Emergency clause. Effective date: upon passage.