This section sets evidentiary presumptions and a stolen-vehicle defense for prosecutions under Section 228.0547.
Sec. 228.056. PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES. (a) In the prosecution of an offense under Section 228.0547, 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 228.0547: (1) it is presumed that the invoice containing the assessment for the toll was received on the fifth day after the date of mailing; (2) a computer record of the Texas Department of Motor Vehicles 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 toll was incurred; and (3) a copy of the rental, lease, or other contract document, or the electronic data provided to the department under Section 228.055(d), covering the vehicle on the date the toll was incurred is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the toll was incurred. (c) It is a defense to prosecution under Section 228.0547 that the motor vehicle in question was stolen before the toll was incurred and had not been recovered before the toll was incurred, but only if the theft was reported to the appropriate law enforcement authority before the earlier of: (1) the time the toll was incurred; or (2) eight hours after the discovery of the theft. Added by Acts 1995, 74th Leg., ch. 872, Sec. 2.15, eff. Sept. 1, 1995. Amended by Acts 2001, 77th Leg., ch. 1246, Sec. 8, eff. Sept. 1, 2001. Transferred from Transportation Code, Section 361.254 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. 2, eff. September 1, 2009. Acts 2009, 81st Leg., R.S., Ch. 933 (H.B. 3097), Sec. 2B.02, eff. September 1, 2009. Acts 2011, 82nd Leg., R.S., Ch. 641 (S.B. 959), Sec. 5, eff. June 17, 2011. Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 34, eff. September 1, 2017.