BILL ANALYSIS

H.B. 2170

By: Guerra

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

Many customers are confused by the toll system and do not understand that there are separate

entities involved in toll collections. There is a lack of transparency and adequate communication between some toll entities and customers. When a payment to a toll transponder like TxTag, TollTag, or EZPass fails, triggering a pay-by-mail bill from the tolling authority, the customer is not always adequately notified that there is a problem processing payment. The customer may think tolls are being deducted from their account, unaware they have a bill to pay. H.B. 2170 seeks to address this issue by requiring a toll project to immediately notify the holder of an electronic toll collection customer account that a payment by the credit card or debit card associated with the account was declined or could not otherwise be processed. Additionally, the bill seeks to require that a notice or an invoice of unpaid tolls sent by mail must clearly indicate on the outside of the envelope that the document enclosed is a bill and the recipient is expected to pay the amount indicated.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 2170 amends the Transportation Code to do the following with respect to toll collection by a toll project entity:

· require such an entity to immediately notify the holder of an electronic toll collection customer account that a payment by the credit card or debit card associated with the account was declined or could not otherwise be processed;

· require a notice or an invoice of unpaid tolls sent by first class mail to clearly indicate on the outside of the envelope that the document enclosed is a bill and the recipient is expected to pay the amount indicated; and

· give such an entity the option to provide an invoice or notice to a person by text message as an alternative to mailing or emailing the notice, contingent on the person providing a phone number to the entity and electing to receive notice by text message.

These provisions apply only to the collection of a toll incurred on or after the bill's effective date.

EFFECTIVE DATE

September 1, 2023.