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Texas Transportation Code - Section 284.206. Administrative Hearing: Presumption; Evidence Of Ownership

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 284.206. Administrative Hearing: Presumption; Evidence Of Ownership

§ 284.206. ADMINISTRATIVE HEARING:  PRESUMPTION;  
EVIDENCE OF OWNERSHIP.  (a) In an administrative adjudication 
hearing under this subchapter it is presumed that the registered 
owner of the motor vehicle that is the subject of the hearing is the 
person who operated or allowed the operation of the motor vehicle in 
violation of the order.
	(b)  A computer record of the department of the registered 
vehicle owner is prima facie evidence of its contents and that the 
defendant was the registered owner of the vehicle at the time the 
violation occurred.
	(c)  Proof of the violation of the order may be shown by a 
video recording, photograph, electronic recording, or other 
appropriate evidence, including evidence obtained by automated 
enforcement technology.
	(d)  It is a defense to prosecution under this subchapter 
that the vehicle in question was stolen before the failure to pay 
the proper toll occurred and had not been recovered before the 
failure to pay occurred, but only if the theft was reported to the 
appropriate law enforcement authority before the earlier of:
		(1)  the occurrence of the failure to pay;  or                                
		(2)  eight hours after the discovery of the theft.                            

Added by Acts 1997, 75th Leg., ch. 165, § 30.18(a), eff. Sept. 1, 
1997.  Amended by Acts 2003, 78th Leg., ch. 372, § 5, eff. Sept. 
1, 2003.

Last modified: August 10, 2007