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A BILL TO BE ENTITLED
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AN ACT
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relating to toll collections and enforcement by a toll project |
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entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 284.209, Transportation Code, is amended |
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to read as follows: |
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Sec. 284.209. ENFORCEMENT OF DECISION. A decision issued |
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under Section 284.208(a) may be enforced by: |
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(1) placing a device that prohibits movement of a |
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motor vehicle on the vehicle that is the subject of the decision; or |
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(2) imposing an additional fine if the fine for the |
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offense is not paid within a specified time[; or
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[(3)
refusing to allow the registration of the
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vehicle]. |
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SECTION 2. Section 366.038(h), Transportation Code, is |
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amended to read as follows: |
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(h) For purposes of Subchapter C, Chapter 372, a toll |
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project for which an authority provides tolling services under a |
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tolling services agreement is considered a toll project of the |
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authority and the authority is considered the toll project entity |
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with respect to all rights and remedies arising under that |
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subchapter regarding the toll project. The authority may not stop |
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[, detain, or impound] a motor vehicle as authorized under that |
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subchapter on a toll project's active traffic lanes unless a |
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tolling service agreement addresses that action. |
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SECTION 3. Subchapter B, Chapter 372, Transportation Code, |
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is amended by adding Sections 372.054 and 372.055 to read as |
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follows: |
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Sec. 372.054. INITIAL TOLL INVOICE SENT BY MAIL OR |
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ELECTRONIC MEANS. (a) This section applies only to a toll project |
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entity that, as an alternative to requiring payment of a toll at the |
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time a vehicle is driven or towed through a toll assessment |
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facility, uses video recordings, photography, electronic data, |
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transponders, or other tolling methods to permit the registered |
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owner of a nonpaying vehicle to pay the toll at a later date. |
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(b) A toll project entity that sends by first class mail or |
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electronic means to the registered owner of a vehicle an initial |
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invoice containing an assessment for use of a toll project by the |
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vehicle may not assess an additional fee other than a postage fee to |
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the amount owed by the owner of the vehicle. |
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Sec. 372.055. NOTICE OF RETURNED PAYMENT. A toll project |
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entity must immediately notify the holder of an electronic toll |
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collection customer account that a payment by the credit card or |
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debit card associated with the account was declined or could not |
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otherwise be processed. |
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SECTION 4. Section 372.109(b), Transportation Code, is |
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amended to read as follows: |
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(b) When a determination terminates, the toll project |
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entity shall, not later than the seventh day after the date of the |
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termination, send notice of the termination[:
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[(1)] to the person who is the subject of the |
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determination at an address under Section 372.106(b)[; and
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[(2)
if the toll project entity provided notice to a
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county assessor-collector or the Texas Department of Motor Vehicles
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under Section 502.011, to that county assessor-collector or that
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department, as appropriate]. |
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SECTION 5. Sections 284.070(c), 372.111, 372.112, and |
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502.011, Transportation Code, are repealed. |
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SECTION 6. This Act takes effect September 1, 2019. |