TRANSPORTATION CODE
CHAPTER 224. ACQUISITION, CONSTRUCTION, AND MAINTENANCE
SUBCHAPTER A. ACQUISITION GENERALLY
§ 224.001. ACQUISITION BY DEPARTMENT. The department
shall acquire by purchase, gift, or eminent domain any right-of-way
necessary for the national system of interstate and defense
highways.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.002. ACQUISITION BY COUNTY OR MUNICIPALITY
GENERALLY. (a) A county or municipality shall acquire, in the
manner provided by law, the highway right-of-way that is requested
by the department.
(b) Chapter 21, Property Code, governs the procedure for an
acquisition by eminent domain.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.003. ACQUISITION BY COMMISSIONERS
COURT. (a) The commissioners court of a county may acquire by
purchase or eminent domain any real property, including a
right-of-way, or material, including timber, earth, stone, or
gravel, that the commission determines is necessary or convenient
to a state highway to be constructed, reconstructed, maintained,
widened, straightened, or extended. Real property acquired for
streambed diversion may not exceed 100 feet in width.
(b) The commission shall furnish to the commissioners court
the plats or field notes of the real property and the description of
any required materials. After receiving the plats, notes, or
description, the commissioners court may make the acquisition in
accordance with those documents.
(c) The acquisition is on behalf of the state with title to
the State of Texas.
(d) The commissioners court may exercise the power of
eminent domain within the limits of a municipality only with the
prior consent of the municipality's governing body.
(e) The county may pay for the acquisition from the county
road and bridge fund, a special road fund, or any other available
county fund.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.004. STATE'S USE OF EMINENT DOMAIN. (a) If the
commissioners court does not acquire a right-of-way under Section
224.003, the commission shall immediately serve the commissioners
court with an order identifying the right-of-way by field notes and
requesting the commissioners court to acquire the right-of-way.
(b) Not later than the 10th day after the date the order is
served, the commission shall direct the attorney general to
initiate eminent domain proceedings on behalf of the state to
acquire the right-of-way.
(c) Venue is in the county in which the right-of-way is
located. The district or county attorney for that county shall
initiate the eminent domain proceedings.
(d) Chapter 21, Property Code, governs the procedure for the
eminent domain proceeding except that the county judge appoints the
special commissioners.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.005. PARTICIPATION BY DEPARTMENT. (a) In the
acquisition of a right-of-way requested by the department in
cooperation with local officials for a highway designated by the
commission as a United States highway or state highway, the
department shall pay to the county or municipality not less than 90
percent of the value, as determined by the department, of the
right-of-way or the net cost of the right-of-way, whichever amount
is less.
(b) If the acquisition is by eminent domain, the
participation by the department shall be based on the final
judgment if the department has been notified in writing before the
filing of the suit and given prompt notice as to all action taken in
the suit. The department is entitled to become a party at any time
for any purpose, including the right of appeal.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.006. PAYMENT TO COUNTY OR MUNICIPALITY. (a) On
delivery to the department of acceptable instruments conveying to
the state the requested right-of-way, the department shall prepare
and transmit to the comptroller vouchers covering the payment to
the county or municipality of the department's share of the cost of
acquiring the right-of-way.
(b) The comptroller shall issue warrants on the appropriate
account covering the state's obligation as evidenced by the
vouchers.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.007. PURCHASE OF LEASE RIGHTS. (a) Before
acquiring property under this subchapter, the department may
purchase the right to lease the property to a third party.
(b) The department may make a purchase under Subsection (a)
only if the department first determines that the owner is unable to
lease or rent the property because of the impending acquisition by
the department.
(c) The consideration for the purchase of a lease right
under this section may not exceed the fair market rental value of
the property as determined by the department and shall be credited
against the total compensation due the owner when the department
acquires the property.
(d) Payment under this section may be made in periodic
increments until the property is acquired by the department. The
aggregate total of payments before acquisition may not exceed the
department's appraised value of the property.
(e) This section shall be implemented in accordance with
applicable administrative rules and policies of the department.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.008. UTILITY RELOCATION COSTS. In the
acquisition of a highway right-of-way by or for the department, the
cost of relocating or adjusting utility facilities, which cost may
be eligible under law, is a cost of the acquisition.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. CONSTRUCTION AND MAINTENANCE GENERALLY
§ 224.031. DUTY OF DEPARTMENT. (a) The department has
exclusive and direct control of all improvement of the state
highway system.
(b) The department shall prepare and pay for surveys, plans,
specifications, and estimates for all construction and improvement
of the state highway system.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.032. DUTY OF COMMISSION. (a) In the development
and maintenance of the state highway system, the commission shall
provide for the:
(1) efficient maintenance of the system;
(2) construction, in cooperation with the United
States to the extent of federal aid to the state, of durable
highways of the greatest public necessity;
(3) construction of highways to perfect and extend a
correlated system of state highways, independently from state
funds; and
(4) construction of highways to provide access to
significant new naval military facilities and to provide for the
state highway system in impacted regions.
(b) Subsection (a) shall be implemented from funds
available to the department except that Subsection (a)(4) shall be
implemented only from the state highway fund.
(c) In this section, "significant new naval military
facility" and "impacted region" have the meanings assigned by
Section 4, Article 1, National Defense Impacted Region Assistance
Act of 1985 (Article 689a-4d, Vernon's Texas Civil Statutes).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.033. COUNTY IMPROVEMENT OF STATE
SYSTEM. (a) The commission may enter into an agreement with the
commissioners court of a county for the improvement by the county of
the state highway system.
(b) In this section, "improvement" means construction,
reconstruction, maintenance, and the making of a necessary plan or
survey before beginning construction, reconstruction, or
maintenance and includes a project or activity appurtenant to a
state highway and including drainage facilities, surveying,
traffic counts, driveways, landscaping, signs, lights, or
guardrails.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.26, eff. Sept. 1, 1997.
SUBCHAPTER C. CONTRACT WITH TRANSPORTATION CORPORATION
§ 224.061. DEFINITIONS. In this subchapter:
(1) "Construction" includes improvement.
(2) "Highway" includes an improvement to a highway.
(3) "Improvement" includes landscaping.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.062. AUTHORITY TO CONTRACT. The commission may
contract with a transportation corporation created by the
commission under Chapter 431 for the purpose of acquiring highways
to be constructed by the corporation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.063. SUFFICIENCY OF FUNDS. (a) Before
contracting under this subchapter, the commission shall determine
that it will have sufficient funds available in the year of
acquisition to meet its financial obligations under the contract.
(b) Payment of any obligation in the contract is contingent
on a legislative appropriation for that purpose in the year the
obligation is due, and the contract must state that fact.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.064. TERMS AND CONDITIONS. (a) The commission
shall determine the terms of a contract under this subchapter.
(b) The contract may not extend for a period of more than six
years after the date of execution.
(c) The contract must provide that:
(1) the highway to be acquired is free of debts, liens,
or other encumbrances at the time of acquisition;
(2) the highway to be constructed meets minimum design
criteria prescribed by the commission;
(3) construction contracts are awarded through
competitive bidding to the low bidder;
(4) priority of construction is assigned to particular
highway segments;
(5) particular highway segments are opened to the
public on completion of construction under right of entry even if
consideration has not been paid by the commission; and
(6) the highway right-of-way is fully landscaped
before acquisition by the commission.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.065. CONSTRUCTION MANAGEMENT SERVICES. (a) The
commission may contract with a transportation corporation
constructing a highway for the commission to supervise the
construction of the highway and provide construction management
services for the corporation.
(b) The transportation corporation shall pay the commission
for the supervision and management services at the time the
services are provided.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.066. ADDITIONAL POWERS. In addition to the powers
granted under this subchapter, the commission has any other power
that is reasonable and necessary to allow it to contract with a
transportation corporation for the construction of a highway as
provided by this subchapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. DETOUR ROADS
§ 224.091. DETOUR ROAD REQUIRED. (a) If construction
on a part of the state highway system causes the closing of a road to
traffic, the department shall select, improve, and maintain an
all-weather detour road for the convenience of the public.
(b) A detour road shall be used and controlled under the
same conditions and authority as that exercised over the state
highway system.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.092. DUTIES OF COMMISSION. The commission shall
provide for the:
(1) equipment and maintenance of a detour road in a
manner adequate for the convenience and safety of normal traffic
using the road; and
(2) posting of necessary signs at each end of the
detour road for the guidance and convenience of the public.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.093. DUTY OF COUNTY. A county shall cooperate
with the commission as necessary to adequately provide for the
traffic requirements of the public in the selection and maintenance
of a detour road in the county.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER E. INTERSTATE BRIDGES
§ 224.121. CONDITION FOR IMPLEMENTATION. The
department may implement this subchapter only if:
(1) another state has enacted a statute providing for
the acquisition, construction, and maintenance of a bridge
described by Section 224.122 and for the use of the bridge by the
public without charge; and
(2) the bridge connects designated highways of this
state and the other state.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.122. INTERSTATE BRIDGE AUTHORIZED. The
department may spend or allocate aid from any available money to
acquire, construct, or maintain a bridge across a stream that is a
boundary between this and another state in an amount not to exceed
one-half of the amount necessary to acquire, construct, or maintain
the bridge.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 224.123. AUTHORITY TO CONTRACT. The department by the
authority of the governor may agree with appropriate departments of
an adjoining state and the United States to implement this
subchapter for the purpose of furnishing substantial bridges across
this state's boundaries for the use of the traveling public without
charge.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER F. CONGESTION MITIGATION PROJECTS AND FACILITIES
§ 224.151. DEFINITIONS. In this subchapter:
(1) "Congestion" means the level at which
transportation system performance is no longer acceptable because
of traffic interference. The level of acceptable system
performance may vary by type of transportation facility, geographic
location, or time of day.
(2) "Congestion mitigation" means projects and
facilities used to reduce congestion by promoting the use of
carpools and vanpools, improve air quality, conserve fuel, and
enhance the use of existing highways and facilities on the state
highway system.
(3) "High occupancy vehicle" means a bus or other
motorized passenger vehicle such as a carpool or vanpool vehicle
used for ridesharing purposes and occupied by a specified minimum
number of persons.
(4) "High occupancy vehicle lane" means one or more
lanes of a highway or an entire highway where high occupancy
vehicles are given at all times, or at regularly scheduled times, a
priority or preference over some or all other vehicles moving in the
general stream of all highway traffic.
(5) "Motor vehicle" has the meaning assigned by
Section 522.003.
(6) "Transportation corporation" means a
transportation corporation created by the state under Chapter 431.
(7) "Exclusive lane" means a lane of a highway or
segment of a highway the use of which is restricted to one or more
designated classifications of motor vehicle.
(8) "Low-emissions vehicle" means a vehicle that meets
emissions standards established by commission rule.
(9) "Restricted lane" includes:
(A) a high occupancy vehicle lane;
(B) a toll lane under Section 224.154; and
(C) an exclusive lane.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1049, § 1, eff. June
20, 2003.
§ 224.152. PURPOSE. (a) Subject to the availability
of state and federal funds, it is the intent of the legislature to
further the purposes of the United States Congress as expressed in
23 U.S.C. Sections 134, 135, 146, and 149 and in Section 1012(b) of
Pub. L. No. 102-240, as amended, to improve safety, conserve fuel,
decrease traffic congestion during rush hours, improve air quality,
develop innovative techniques to finance transportation projects,
and enhance the use of existing highways and facilities.
(b) The legislature declares that it is necessary, to
further the purposes described by Subsection (a), to provide for
the participation of the department, including the expenditure of
available funds by the department, in projects and facilities for
the purpose of congestion mitigation.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1049, § 2, eff. June
20, 2003.
§ 224.153. HIGH OCCUPANCY VEHICLE LANES
AUTHORIZED. (a) The department may finance, designate, design,
construct, operate, or maintain one or more lanes on a multi-lane
highway facility as dedicated high occupancy vehicle lanes on the
state highway system.
(b) The department may enter into an agreement with a
transit authority under Chapter 451, 452, or 453, a regional
mobility authority under Chapter 361, a municipality, or a
transportation corporation for the design, construction,
operation, or maintenance of a high occupancy vehicle lane.
(c) The department may authorize a motorcycle or a
low-emissions vehicle to use a high occupancy vehicle lane
designated under this section regardless of the number of persons
on the motorcycle or occupants in the vehicle.
Text of subsec. (d) as added by Acts 2003, 78th Leg., ch. 1049, §
3
(d) The department may not authorize the use of a high
occupancy vehicle lane designed, constructed, operated, or
maintained under Subsection (b) by a motorcycle or a low-emissions
vehicle that is not occupied by the required minimum number of
persons if the use would impair the receipt of federal transit
funds.
Text of subsec. (d) as added by Acts 2003, 78th Leg., ch. 1331, §
23
(d) The department may not authorize vehicles addressed in
Subsection (c) to use a high occupancy vehicle lane if such use
would violate federal transit or highway funding restrictions.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2001, 77th Leg., ch. 967, § 5, eff. Sept.
1, 2001; Acts 2003, 78th Leg., ch. 1331, § 23, eff. June 20,
2003; Acts 2003, 78th Leg., ch. 1049, § 3, eff. June 20, 2003.
§ 224.154. TOLL LANES. (a) Notwithstanding any law of
this state relating to charging tolls on existing free public
highways, and subject to Section 224.1541(d), the commission may by
order authorize the department to charge a toll for the use of one
or more lanes of a state highway facility, including a high
occupancy vehicle lane, for the purposes of congestion mitigation.
(b) If the commission authorizes the department to charge a
toll under Subsection (a), the department may enter into an
agreement with a regional tollway authority described in Chapter
366, a transit authority described in Chapter 451, 452, or 453, a
regional mobility authority under Chapter 361, a county acting
under Chapter 284, or a transportation corporation:
(1) to design, construct, operate, or maintain a toll
lane under this section; and
(2) to charge a toll for the use of one or more lanes of
a state highway facility under this section.
(c) The commission may by order authorize the department or
the entity contracted to operate the toll lane to set the amount of
toll charges. Any toll charges shall be imposed in a reasonable and
nondiscriminatory manner.
(d) Revenue generated from toll charges and collection fees
assessed by the department in connection with a toll lane shall be
deposited in the state highway fund and may be used only for
projects for the improvement of the state highway system. Revenue
generated from toll charges and collection fees assessed by an
entity with whom the department contracts under this section shall
be allocated as required by the terms of the agreement.
(e) The powers granted by this section are subject to the
restrictions of 23 U.S.C. Section 129.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997. Amended by Acts 2003, 78th Leg., ch. 1049, § 4, eff. June
20, 2003.
§ 224.1541. EXCLUSIVE LANES. (a) The commission by
order may designate and the department may finance, design,
construct, operate, or maintain one or more lanes of a state highway
facility as exclusive lanes.
(b) The commission may designate a lane as an exclusive lane
under Subsection (a) only if the commission determines that:
(1) there:
(A) are two or more lanes adjacent to the
proposed exclusive lane for the use of vehicles other than vehicles
for which the lane is restricted; or
(B) is a multilane facility adjacent to the
proposed exclusive lane for the use of vehicles other than vehicles
for which the lane is restricted; and
(2) the use or operation of the exclusive lane is
likely to enhance safety, mobility, or air quality.
(c) The adjacent lanes or adjacent multilane facility under
Subsection (b) may be designated as exclusive lanes or an exclusive
lane facility for the use of vehicles that are prohibited from using
the exclusive lane.
(d) The department may not charge a toll for the use of an
exclusive lane unless:
(1) the lanes or multilane facility adjacent to the
exclusive lane is tolled; or
(2) a vehicle that is authorized to use the tolled
exclusive lane is authorized to use nontolled adjacent lanes or an
adjacent nontolled multilane facility.
Added by Acts 2003, 78th Leg., ch. 1049, § 5, eff. June 20, 2003.
§ 224.1542. POLICE AND EMERGENCY VEHICLES. A
restriction imposed on a restricted lane under this subchapter does
not apply to a police vehicle or an authorized emergency vehicle as
defined by Section 541.201.
Added by Acts 2003, 78th Leg., ch. 1049, § 6, eff. June 20, 2003.
§ 224.1543. TRAFFIC CONTROL DEVICES. (a) The
department shall erect and maintain official traffic control
devices necessary to implement and ensure compliance with lane
restrictions designated under this subchapter. The department, in
a contract to operate a toll lane under this subchapter, may
authorize the contracted entity to erect and maintain necessary
official traffic control devices.
(b) Section 544.004 applies to a traffic control device
erected under this section.
Added by Acts 2003, 78th Leg., ch. 1049, § 6, eff. June 20, 2003.
§ 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.
§ 224.159. ADOPTION OF RULES; PRESCRIBE FORMS. The
commission shall adopt rules and prescribe forms to administer this
subchapter.
Added by Acts 1997, 75th Leg., ch. 1171, § 1.24, eff. Sept. 1,
1997.
§ 224.160. AUTOMATED ENFORCEMENT TECHNOLOGY. (a) To
aid in the collection of tolls and in the enforcement of toll
violations, including tolls on temporary toll projects authorized
by Section 222.102, the commission may use automated enforcement
technology that it determines is necessary, including automatic
vehicle license plate identification photography and video
surveillance, by electronic imaging or photographic copying.
(b) Automated enforcement technology approved by the
commission under Subsection (a) may be used only for the purpose of
producing, depicting, photographing, or recording an image of a
license plate attached to the front or rear of a vehicle.
(c) This section does not authorize the use of automated
enforcement technology for any other purpose.
(d) Evidence obtained from technology approved by the
commission under Subsection (a) may not be used in the prosecution
of an offense other than under Section 224.155 or 224.156.
Added by Acts 2001, 77th Leg., ch. 1246, § 5, eff. Sept. 1, 2001.
