Texas tollway statute
§ 224.155. FAILURE OR REFUSAL TO PAY TOLL;
OFFENSE. (a) The operator of a vehicle other than an authorized
emergency vehicle that is driven or towed through a toll collection
facility shall pay the proper toll.
(b) The operator of a vehicle who drives or tows a vehicle
through a toll collection facility and does not pay the proper toll
commits an offense.
(c) An offense under this section is a misdemeanor
punishable by a fine not to exceed $250.
(d) In this section, "authorized emergency vehicle" has the
meaning assigned by Section 541.201.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1246, § 1, eff. Sept.
1, 2001.
§ 224.156. COLLECTION FEE; NOTICE; OFFENSE. (a) In
the event of nonpayment of the proper toll as required by Section
224.155, on issuance of a written notice of nonpayment, the
registered owner of the nonpaying vehicle is liable for the payment
of both the proper toll and a collection fee.
(b) The commission by rule or an entity contracted to
operate a toll lane by order of its governing body may respectively
impose and collect a collection fee, not to exceed $100, to recover
the cost of collecting an unpaid toll. The entity operating the
toll lane shall send a written notice of nonpayment to the
registered owner of the vehicle at that owner's address as shown in
the vehicle registration records of the department by first-class
mail and may require payment not sooner than the 30th day after the
date the notice was mailed. The registered owner shall pay a
separate toll and collection fee for each event of nonpayment under
Section 224.155.
(c) The registered owner of a vehicle for which the proper
toll was not paid who is mailed a written notice of nonpayment under
Subsection (b) and fails to pay the proper toll and collection fee
within the time specified by the notice of nonpayment commits an
offense. Each failure to pay a toll or collection fee under this
subsection is a separate offense.
(d) It is an exception to the application of Subsection (a)
or (c) if the registered 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 mailed, provides to the entity operating the toll
lane a copy of the rental, lease, or other contract document
covering the vehicle on the date of the nonpayment under Section
224.155, with the name and address of the lessee clearly legible.
If the lessor provides the required information within the period
prescribed, the entity operating the toll lane may send a notice of
nonpayment to the lessee at the address shown on the contract
document by first-class mail before the 30th day after the date of
receipt of the required information from the lessor. The lessee of
the vehicle for which the proper toll was not paid who is mailed a
written notice of nonpayment under this subsection and fails to pay
the proper toll and collection fee within the time specified by the
notice of nonpayment commits an offense. The lessee shall pay a
separate toll and collection fee for each event of nonpayment under
Section 224.155. Each failure to pay a toll or collection fee under
this subsection is a separate offense.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 224.155 occurred, submitted written notice of the
transfer to the department in accordance with Section 520.023, and,
before the 30th day after the date the notice of nonpayment is
mailed, provides to the entity operating the toll lane the name and
address of the person to whom the vehicle was transferred. If the
former owner of the vehicle provides the required information
within the period prescribed, the entity operating the toll lane
may send a notice of nonpayment to the person to whom ownership of
the vehicle was transferred at the address provided the former
owner by first-class mail before the 30th day after the date of
receipt of the required information from the former owner. The
subsequent owner of the vehicle for which the proper toll was not
paid who is mailed a written notice of nonpayment under this
subsection and fails to pay the proper toll and collection fee
within the time specified by the notice of nonpayment commits an
offense. The subsequent owner of the vehicle shall pay a separate
toll and collection fee for each event of nonpayment under Section
224.155. Each failure to pay a toll or collection fee under this
subsection is a separate offense.
(f) An offense under this section is a misdemeanor
punishable by a fine not to exceed $250.
(g) The court in which a person is convicted of an offense
under this section shall also collect the proper toll and
collection fee and forward the toll and fee to the entity operating
the toll collection facility.
(h) In this section, "registered owner" means the owner of a
vehicle as shown on the vehicle registration records of the
department or the analogous department or agency of another state
or country.
(i) An entity operating a toll lane under this subchapter
may contract with a person to collect the proper toll and a required
collection fee before filing a complaint charging the commission of
an offense under Subsection (c), (d), or (e).
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1246, § 2, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1049, § 7, eff. June 20, 2003.
§ 224.157. PRESUMPTIONS; PRIMA FACIE EVIDENCE;
DEFENSES. (a) In the prosecution of an offense under Section
224.155 or 224.156, proof that the vehicle was driven or towed
through the toll collection facility without payment of the proper
toll may be shown by a video recording, photograph, electronic
recording, or other appropriate evidence, including evidence
obtained by automated enforcement technology.
(b) In the prosecution of an offense under Section
224.156(c), (d), or (e):
(1) it is presumed that the notice of nonpayment was
received on the fifth day after the date of mailing;
(2) a computer record of the department of the
registered owner of the vehicle is prima facie evidence of its
contents and that the defendant was the registered owner of the
vehicle when the underlying event of nonpayment under Section
224.155 occurred; and
(3) a copy of the rental, lease, or other contract
document covering the vehicle on the date of the underlying event of
nonpayment under Section 224.155 is prima facie evidence of its
contents and that the defendant was the lessee of the vehicle when
the underlying event of nonpayment under Section 224.155 occurred.
(c) It is a defense to prosecution under Section 224.156(c),
(d), or (e) that the vehicle in question was stolen before the date
that the failure to pay the proper toll occurred and had not been
recovered before the failure to pay occurred, 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 discovery of the theft.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1246, § 3, eff. Sept.
1, 2001.
§ 224.158. USE AND RETURN OF TRANSPONDERS. (a) For
purposes of this section, a "transponder" means a device, placed on
or within a motor vehicle, that is capable of transmitting
information used to assess or collect tolls. A transponder is
"insufficiently funded" when there are no remaining funds in the
account in connection with which the transponder was issued.
(b) Any peace officer of this state may seize a stolen or
insufficiently funded transponder and return it to the department
or the transportation corporation, except that an insufficiently
funded transponder may not be seized sooner than 30 days after the
date the department or the transportation corporation has sent a
notice of delinquency to the holder of the account.
(c) An entity operating a toll lane under this subchapter
shall consider offering motor vehicle operators the option of using
a transponder to pay tolls without stopping, to mitigate congestion
at toll collection locations, to enhance traffic flow, and to
otherwise increase efficiency of operations.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 1246, § 4, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1049, § 8, eff. June 20, 2003.
