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A BILL TO BE ENTITLED
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AN ACT
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relating to the collection of unpaid tolls. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 228.055(b) and (h), Transportation |
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Code, are amended to read as follows: |
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(b) The department may impose and collect the |
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administrative fee, so as to recover the cost of collecting the |
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unpaid toll, in an amount not to exceed the lesser of six percent of |
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the amount of the unpaid toll or $100. The department shall send a |
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written notice of nonpayment to the registered owner of the vehicle |
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at that owner's address as shown in the vehicle registration |
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records of the Texas Department of Motor Vehicles or the analogous |
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department or agency of another state or country or at an alternate |
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address provided by the owner or derived through other reliable |
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means. The notice of nonpayment shall be sent by first class mail |
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not later than the 30th day after the date of the alleged failure to |
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pay and may require payment not sooner than the 30th day after the |
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date the notice was mailed. The registered owner shall pay a |
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separate toll and administrative fee for each event of nonpayment |
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under Section 228.054 or 228.0545. |
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(h) Notwithstanding the requirement in Subsections (b), |
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(d-1), and (e) for payment of a separate administrative fee for each |
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event of nonpayment under Section 228.054 or 228.0545, the |
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department may impose one administrative fee that covers multiple |
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events of nonpayment. The department may not charge a person an |
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administrative fee under this subsection in an amount that exceeds |
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six percent of the amount of unpaid tolls the person owes the |
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department. |
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SECTION 2. Section 284.0701, Transportation Code, is |
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amended by amending Subsection (b) and adding Subsections (e-1) and |
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(e-2) to read as follows: |
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(b) The county may impose and collect the administrative |
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cost so as to recover the expense of collecting the unpaid toll, in |
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an amount not to exceed the lesser of six percent of the amount of |
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the unpaid toll or $100. The county shall send a written notice of |
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nonpayment to the registered owner of the vehicle at that owner's |
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address as shown in the vehicle registration records of the Texas |
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Department of Motor Vehicles by first-class mail not later than the |
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30th day after the date of the alleged failure to pay and may |
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require payment not sooner than the 30th day after the date the |
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notice was mailed. The registered owner shall pay a separate toll |
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and administrative cost for each event of nonpayment under Section |
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284.070. |
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(e-1) A county that collects an administrative cost under |
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this section based on a mistake of fact or law shall refund to the |
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person who paid the cost an amount that is double the amount of the |
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paid cost. |
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(e-2) A person alleged to have failed to pay a toll may, |
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before the deadline for payment specified in the written notice of |
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nonpayment for the unpaid toll, contest the facts of that |
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allegation by submitting to the county in writing, by certified |
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mail, return receipt requested, information demonstrating that the |
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person was not required to pay the toll. If the county fails to |
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send, by certified mail, return receipt requested, a written |
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decision in response to the contest on or before the 20th day after |
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the date the county received the contest, the county may not collect |
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the alleged unpaid toll or any costs associated with the toll. |
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SECTION 3. Section 284.202, Transportation Code, is amended |
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by amending Subsection (c) and adding Subsection (d) to read as |
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follows: |
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(c) If the registered owner of the vehicle fails to pay a |
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toll or charge not later than the 10th day after the notice under |
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Subsection (b) is mailed, the commissioners court by order may |
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impose a reasonable cost for expenses associated with collecting |
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the unpaid toll or charge. The amount of a collection cost imposed |
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under this subsection may not exceed six percent of the unpaid toll |
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or charge. |
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(d) A commissioners court that collects a cost under this |
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section based on a mistake of fact or law shall refund to the person |
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who paid the cost an amount that is double the amount of the paid |
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cost. |
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SECTION 4. Sections 366.178(b-2), (c), (d), and (d-1), |
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Transportation Code, are amended to read as follows: |
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(b-2) If the authority does not collect the proper toll at |
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the time a vehicle is driven or towed through a toll assessment |
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facility, the authority shall send an invoice by first class mail to |
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the registered owner of the vehicle not later than the 30th day |
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after the date the vehicle was driven or towed through the facility. |
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The invoice may include one or more tolls assessed by the authority |
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for use of the project by the nonpaying vehicle and must specify the |
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date by which the toll or tolls must be paid. Except as provided by |
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Subsection (b-3), the registered owner shall pay the unpaid tolls |
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included in the invoice not later than the 30th day after the date |
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the invoice is mailed. |
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(c) On issuance of the first notice of nonpayment, the |
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registered owner of the nonpaying vehicle shall pay both the unpaid |
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tolls included in the invoice and an administrative fee. The |
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authority may charge only one administrative fee in an amount not to |
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exceed the lesser of six percent of the amount of the unpaid tolls |
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or [not more than] $25 for the first notice of nonpayment that is |
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sent to the registered owner of the nonpaying vehicle. |
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(d) The [Unless an authority requires additional time to
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send a notice of nonpayment because of events outside the
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authority's reasonable control, the] authority shall send the first |
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notice of nonpayment not later than the 30th day after the date the |
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30-day period expires for the registered owner to pay the invoice |
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issued under Subsection (b-2) or (b-3). [If an authority requires
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additional time as provided by this subsection, the authority must
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send the notice not later than the 60th day after the date the
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30-day period expires for the registered owner to pay the invoice
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issued under Subsection (b-2) or (b-3).] The first notice of |
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nonpayment shall require payment of the unpaid tolls included in |
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the invoice and the administrative fee before the 30th day after the |
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date the first notice of nonpayment is mailed. |
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(d-1) If the registered owner of the nonpaying vehicle fails |
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to pay the unpaid tolls and the administrative fee by the date |
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specified in the first notice of nonpayment, the authority shall |
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send a second notice of nonpayment by first class mail to the |
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registered owner of the nonpaying vehicle. The second notice of |
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nonpayment must specify the date by which payment must be made and |
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may require payment of: |
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(1) the unpaid tolls and administrative fee included |
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in the first notice of nonpayment; and |
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(2) an additional administrative fee of not more than |
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six percent of the [$25 for each] unpaid tolls [toll] included in |
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the notice, not to exceed a total of $200. |
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SECTION 5. Section 370.177(c), Transportation Code, is |
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amended to read as follows: |
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(c) The authority may impose and collect the administrative |
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fee to recover the cost of collecting the unpaid toll, in an amount |
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not to exceed the lesser of six percent of the amount of the unpaid |
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toll or $100. The authority shall send a written notice of |
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nonpayment to the registered owner of the vehicle at that owner's |
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address as shown in the vehicle registration records of the |
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department by first class mail not later than the 30th day after the |
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date of the alleged failure to pay and may require payment not |
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sooner than the 30th day after the date the notice was mailed. The |
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registered owner shall pay a separate toll and administrative fee |
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for each event of nonpayment under Subsection (a). |
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SECTION 6. Subchapter C, Chapter 372, Transportation Code, |
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is amended by adding Sections 372.117 and 372.118 to read as |
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follows: |
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Sec. 372.117. ADMINISTRATIVE FEES FOR UNPAID TOLLS. (a) A |
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toll project entity may not charge a person an administrative fee |
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associated with the collection of unpaid tolls in an amount that |
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exceeds six percent of the amount of outstanding tolls the person |
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owes the entity. |
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(b) A toll project entity that charges an administrative fee |
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based on a mistake of fact or law shall refund to the person who paid |
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the fee an amount that is double the amount of the paid fee. |
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Sec. 372.118. CONTESTED TOLL; RESPONSE BY TOLL PROJECT |
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ENTITY. A person alleged to have failed to pay a toll under Chapter |
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228, 366, or 370 may, before the deadline for payment specified in |
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the invoice or written notice of nonpayment for the unpaid toll, |
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contest the facts of that allegation by submitting to the |
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applicable toll project entity in writing, by certified mail, |
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return receipt requested, information demonstrating that the |
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person was not required to pay the toll. If the toll project entity |
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fails to send, by certified mail, return receipt requested, a |
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written decision in response to the contest on or before the 20th |
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day after the date the toll project entity received the contest, the |
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toll project entity may not collect the alleged unpaid toll or any |
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fees associated with the toll. |
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SECTION 7. The changes in law made by this Act apply to an |
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unpaid toll or unpaid administrative fee or cost associated with an |
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unpaid toll that is pending on the effective date of this Act, |
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regardless of when the failure to pay the toll or administrative fee |
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or cost occurred. |
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SECTION 8. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |