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A BILL TO BE ENTITLED
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AN ACT
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relating to payment for the use of a highway toll project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.057, Transportation Code, is amended |
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by adding Subsection (i) to read as follows: |
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(i) The department shall provide electronic toll collection |
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customers with an option to authorize automatic payment of tolls |
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through the withdrawal of funds from the customer's bank account. |
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SECTION 2. Subchapter B, Chapter 372, Transportation Code, |
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is amended by adding Sections 372.054, 372.055, 372.056, 372.057, |
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and 372.058 to read as follows: |
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Sec. 372.054. USE OF TRANSPONDER BY ELECTRONIC TOLL |
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COLLECTION CUSTOMER. An electronic toll collection customer using |
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a transponder must: |
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(1) activate and mount the transponder in accordance |
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with the procedures provided by the toll project entity; |
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(2) provide to the toll project entity accurate |
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license plate and customer contact information; and |
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(3) update as necessary the information provided under |
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Subdivision (2). |
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Sec. 372.055. DETERMINATION OF ELECTRONIC TOLL COLLECTION |
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CUSTOMER ACCOUNT BEFORE PAYMENT SOLICITATION. (a) A toll project |
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entity may not send an invoice or a notice of unpaid tolls to the |
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registered owner of a vehicle soliciting payment of a toll or any |
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related administrative fee unless the entity first determines |
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whether there is an active electronic toll collection customer |
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account that corresponds to a transponder issued for the vehicle. |
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(b) A toll project entity shall satisfy an unpaid toll, at |
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the standard electronic collection rate and without the imposition |
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of administrative or late fees, from an active electronic toll |
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collection customer account discovered under Subsection (a) if: |
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(1) the account: |
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(A) corresponds to a transponder issued by the |
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entity; and |
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(B) is sufficiently funded; and |
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(2) the customer to whom the transponder was issued |
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has complied with Section 372.054. |
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(c) Regardless of whether an active electronic toll |
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collection customer account is discovered under Subsection (a), a |
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toll project entity may send an invoice or notice for payment to |
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collect an unpaid toll and related costs if: |
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(1) the account is insufficiently funded; or |
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(2) the electronic toll collection customer's failure |
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to comply with Section 372.054 prevents satisfaction of the unpaid |
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toll from the electronic toll collection customer account. |
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(d) If in complying with Subsection (a) a toll project |
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entity discovers that a transponder issued by the entity did not |
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work correctly more than 10 times in a 30-day period and must be |
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replaced, the entity shall send to the customer to whom the |
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transponder was issued a notice that the transponder is not working |
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correctly and must be replaced. |
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(e) A toll project entity is not required to send additional |
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notice to an electronic toll collection customer under Subsection |
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(d) if the toll project entity has sent notice to the customer under |
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that subsection and the customer does not replace the transponder. |
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Sec. 372.056. INFORMATION REQUIRED ON NOTICE OR INVOICE. A |
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notice or an invoice of unpaid tolls sent by a toll project entity |
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must clearly state that the document is a bill and the recipient is |
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expected to pay the amount indicated. |
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Sec. 372.057. METHOD OF SENDING INVOICE OR NOTICE. (a) An |
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invoice or notice provided to a person by a toll project entity may |
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be provided by: |
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(1) first class mail; or |
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(2) e-mail if the person has provided an e-mail |
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address to the entity and has elected to receive notice |
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electronically. |
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(b) A toll project entity is not required to send an invoice |
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or notice as required by Subsection (a) if the entity does not have |
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access to the contact information provided in the electronic toll |
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collection customer account. |
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Sec. 372.058. INFORMATION SHARING AND CONTRACTS BETWEEN |
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TOLL PROJECT ENTITIES. (a) Notwithstanding the confidentiality |
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of electronic toll collection customer account information, |
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including confidentiality under Sections 228.057(e), 366.179(d), |
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370.177(m), 370.178(d), and 372.051(a), a toll project entity with |
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an electronic toll collection customer may provide to another toll |
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project entity electronic toll collection customer account |
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information for the purposes of Section 372.055. |
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(b) The provision of electronic toll collection customer |
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account information under Subsection (a) must ensure the |
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confidentiality of all account information. |
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(c) A contract between toll project entities for the |
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collection of tolls or other related purposes must: |
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(1) specify which entity is responsible for making the |
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determinations, sending notices, and taking other actions, as |
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applicable, under Section 372.055; and |
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(2) ensure that customers do not receive invoices or |
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incur fees or other charges from more than one entity. |
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SECTION 3. The change in law made by this Act applies only |
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to the collection of a toll incurred on or after the effective date |
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of this Act. The collection of a toll incurred before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 4. This Act takes effect September 1, 2019. |