Tex. Transp. Code § 372.107 · Subchapter C. NONPAYMENT OF TOLLS; REMEDIES
HEARING.
Text — Current through the 89th 2nd Called Legislative Session, 2025
(a) A justice court has jurisdiction to conduct a hearing in accordance with this section.
(b) A hearing requested under Section 372.106 shall be conducted in a justice court in a county in which the toll collection facilities where at least 25 percent of the events of nonpayment occurred are located.
(c) Repealed by Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(j), eff. January 1, 2022.
(d) The issues that must be proven at the hearing by a preponderance of the evidence are:
(1) whether the registered owner was issued at least two written notices of nonpayment for an aggregate of 100 or more events of nonpayment within a period of one year, not including events of nonpayment for which:
(A) 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
(B) a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law; and
(2) whether the total amount due for tolls and administrative fees specified in those notices was not paid in full by the dates specified in the notices and remains not fully paid.
(e) Proof under Subsection (d) may be by oral testimony, documentary evidence, video surveillance, or any other reasonable evidence.
(f) If the justice of the peace finds in the affirmative on each issue in Subsection (d), the toll project entity's determination that the registered owner is a habitual violator is sustained and becomes final. If the justice does not find in the affirmative on each issue in Subsection (d), the toll project entity shall rescind its determination that the registered owner is a habitual violator. Rescission of the determination does not limit the toll project entity's authority to pursue collection of the outstanding tolls and administrative fees.
(g) A registered owner who requests a hearing and fails to appear without just cause waives the right to a hearing, and the toll project entity's determination is final and not subject to appeal.
(h) A justice of the peace court may adopt administrative hearings processes to expedite hearings conducted under this section.
Notes and commentary — not statutory text
History
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 472 (S.B. 41), Sec. 5.01(j), eff. January 1, 2022.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/TN/htm/TN.372.htm
- Text hash
- sha256 bad5186e69383925d07d377f526b23e2998101a2719e91c41b06330ce814478e
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Transportation Code
Cited by 4 provisions
Provisions in this library whose text cites Tex. Transp. Code § 372.107. Each shows the citation as that text prints it.
Transportation Code
- Tex. Transp. Code § 372.106HABITUAL VIOLATOR.Printed as Section 372.107
- Tex. Transp. Code § 372.108APPEAL.Printed as Section 372.107(d)
- Tex. Transp. Code § 372.112IMPOUNDMENT OF MOTOR VEHICLE.Printed as Section 372.107
- Tex. Transp. Code § 372.114HABITUAL VIOLATOR REMEDIES AGAINST OWNERS OF VEHICLES NOT REGISTERED IN THIS STATE.Printed as Section 372.107 | Section 372.107(d)
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.