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A BILL TO BE ENTITLED
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AN ACT
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relating to the operation of toll projects. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 372, Transportation Code, is amended by |
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adding Sections 372.054 and 372.055 to read as follows: |
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Sec. 372.054. USE OF TRANSPONDERS. (a) In this section, |
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"Transponder" means a device, placed on or in a motor vehicle, that |
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is capable of transmitting information used to assess or to collect |
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tolls. |
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(b) A toll project entity shall waive any fees and penalties |
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for the failure to pay a toll while driving or towing a vehicle |
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through a toll booth or toll plaza if: |
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(1) a transponder registered to the vehicle and |
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associated with the vehicle's license plate was used when the |
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vehicle was driven or towed through the toll booth or plaza; |
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(2) the failure to collect the tolls is due solely to |
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transponder or toll equipment error, including failure to read a |
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transponder at a transponder toll plaza; |
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(3) the transponder was properly installed; and |
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(4) the transponder was not damaged by the person to |
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the extent that it could not collect the tolls. |
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(c) A toll project entity that waives fees and penalties |
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under Subsection (b) may notify the registered owner of the vehicle |
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to which the transponder is registered that the transponder must be |
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replaced, and is not required to waive subsequent fees and |
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penalties for tolls not paid after the owner has been given a |
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reasonable opportunity to replace the transponder. |
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(d) Subsection (b) does not relieve the registered owner of |
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liability for payment of the toll. |
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(e) A toll project entity shall waive any fees and penalties |
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for driving or towing a vehicle through a toll booth or toll plaza |
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while using a transponder on or in a motor vehicle to which the |
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transponder was not previously registered if: |
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(1) the tolls incurred by the person are collected |
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successfully by transponder; and |
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(2) the vehicle is of the same toll classification as |
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the vehicle to which the transponder was registered. |
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Sec. 372.055. WAIVER FOR FAILURE TO PAY TOLL. (a) A toll |
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project entity shall adopt a rule or order, as applicable, waiving |
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penalties and fees associated with a registered owner's first |
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failure to pay the toll while driving through a toll booth or toll |
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plaza if: |
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(1) the toll booth or toll plaza at which the |
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registered owner or authorized vehicle operator failed to pay the |
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toll allowed for payment only through the use of a transponder, |
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where toll payment by mail is a not a payment option; and |
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(2) the registered owner had not previously failed to |
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pay a toll of the toll project entity during a time period specified |
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in the rule or order. |
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(b) A toll project entity is not required to waive penalties |
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and fees under Subsection (a) if the registered owner subsequently |
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fails to pay the toll of the toll project entity during a time |
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period specified in the rule or order. |
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(c) Subsection (a) does not relieve the registered owner of |
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liability for payment of the toll. |
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SECTION 2. This Act takes effect September 1, 2011. |