Texas Transportation Code 284.0702 – Prima Facie Evidence; Defense
(a) In the prosecution of an offense under § 284.070 or 284.0701, 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 § 284.0701(c), (d-1), or (e):
(1) a computer record of the department 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 underlying event of nonpayment under § 284.070 occurred; and
(2) a copy of the rental, lease, or other contract document, or the electronic data provided to the authority under § 284.0701(d), covering the vehicle on the date of the underlying event of nonpayment under § 284.070 is prima facie evidence of its contents and that the defendant was the lessee of the vehicle when the underlying event of nonpayment under § 284.070 occurred.
Terms Used In Texas Transportation Code 284.0702
- Contract: A legal written agreement that becomes binding when signed.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(c) It is a defense to prosecution under § 284.0701(c), (d-1), or (e) 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.