A toll project entity may classify a registered vehicle owner as a habitual violator if the owner had at least two written nonpayment notices totaling 100 or more nonpayment events in one year and still has not paid the tolls and administrative fees due.
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.