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.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
Structure Texas Statutes
Subtitle G - Turnpikes and Toll Projects
Chapter 372 - Provisions Applicable to More Than One Type of Toll Project
Subchapter C. Nonpayment of Tolls; Remedies
Section 372.101. Applicability
Section 372.102. Publication of Nonpaying Vehicle Information
Section 372.103. Toll Violation Payment Plan
Section 372.104. Default; Suit to Recover Outstanding Balance Due
Section 372.105. Nonpayment by Vehicles Not Registered in This State
Section 372.106. Habitual Violator
Section 372.109. Period Determination Is Effective
Section 372.110. Order Prohibiting Operation of Motor Vehicle on Toll Project; Offense
Section 372.111. Denial of Motor Vehicle Registration
Section 372.112. Impoundment of Motor Vehicle
Section 372.113. Habitual Violator Remedies Against Lessee of Vehicle
Section 372.114. Habitual Violator Remedies Against Owners of Vehicles Not Registered in This State