This section gives toll-liability exceptions for a leased vehicle or a vehicle that was transferred before the toll was incurred, if required information is provided to the department on time.
Sec. 228.055. EXCEPTIONS FOR LEASED OR TRANSFERRED VEHICLE. (a) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. (b) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. (c) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. (d) It is an exception to liability of a vehicle's registered owner for a toll incurred by the vehicle if the registered owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the invoice containing an assessment of the toll is mailed provides to the department: (1) a copy of the rental, lease, or other contract document covering the vehicle on the date the toll was incurred, with the name and address of the lessee clearly legible; or (2) electronic data, in a format agreed on by the department and the lessor, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460(c)(1), (2), and (3) covering the vehicle on the date the toll was incurred. (d-1) If the lessor provides the required information within the period prescribed under Subsection (d), the department may send an invoice to the lessee at the address provided under Subsection (d) by first class mail before the 30th day after the date of receipt of the required information from the lessor. (e) It is an exception to liability of a vehicle's registered owner for a toll incurred by the vehicle if the registered owner of the vehicle transferred ownership of the vehicle to another person before the toll was incurred, submitted written notice of the transfer to the department in accordance with Section 501.147, and, before the 30th day after the date the invoice is mailed, provides to the department 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 department may send an invoice to the person to whom ownership of the vehicle was transferred at the address provided by 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 department may send all subsequent invoices associated with the vehicle to the person to whom ownership of the vehicle was transferred at the address provided by the former owner or an alternate address provided by the subsequent owner or derived through other reliable means. (f) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. (g) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. (h) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. (i) Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017. Added by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1246, Sec. 7, eff. Sept. 1, 2001; Acts 2003, 78th Leg., ch. 312, Sec. 49, eff. June 18, 2003; Acts 2003, 78th Leg., ch. 1325, Sec. 15.47, eff. June 21, 2003. Transferred from Transportation Code, Section 361.253 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.41, eff. June 14, 2005. Amended by: Acts 2009, 81st Leg., R.S., Ch. 918 (H.B. 2983), Sec. 1, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2B.01, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 4, eff. June 17, 2011. Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 20.002, eff. September 1, 2013. Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 32, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 33, eff. September 1, 2017. Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.