Sec. 707.011. NOTICE OF VIOLATION; CONTENTS  


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  • (a) The imposition of a civil penalty under this chapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the local authority seeks to impose the civil penalty.

    (b) Not later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) shall mail the notice of violation to the owner at:

    (1) the owner's address as shown on the registration records of the Texas Department of Motor Vehicles; or

    (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Motor Vehicles.

    (c) The notice of violation must contain:

    (1) a description of the violation alleged;

    (2) the location of the intersection where the violation occurred;

    (3) the date and time of the violation;

    (4) the name and address of the owner of the vehicle involved in the violation;

    (5) the registration number displayed on the license plate of the vehicle involved in the violation;

    (6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;

    (7) the amount of the civil penalty for which the owner is liable;

    (8) the number of days the person has in which to pay or contest the imposition of the civil penalty and a statement that the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period;

    (9) a statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; and

    (10) information that informs the owner of the vehicle named in the notice of violation:

    (A) of the owner's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing;

    (B) that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under Subdivision (8); and

    (C) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty.

    (d) A notice of violation is presumed to have been received on the fifth day after the date the notice is mailed.

Added by Acts 2007, 80th Leg., R.S., Ch. 1149 , Sec. 1, eff. September 1, 2007. Amended by: Acts 2009, 81st Leg., R.S., Ch. 933 , Sec. 2T.02, eff. September 1, 2009.