Texas Transportation Code
§ 228.056 — PRESUMPTIONS; PRIMA FACIE EVIDENCE; DEFENSES
TN § 228.056Title 6. ROADWAYS · Part B. STATE HIGHWAY SYSTEM · Ch. 228. STATE HIGHWAY TOLL PROJECTS · Art. B. USE AND OPERATION OF TOLL PROJECTS OR SYSTEMS
Statute text
View on source(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:
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Legislative history
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.