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A BILL TO BE ENTITLED
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AN ACT
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relating to the method of providing certain notices or invoices |
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relating to toll collections by a toll project entity. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 228.0545(c) and (e), Transportation |
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Code, are amended to read as follows: |
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(c) The department shall send by certified [first class] |
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mail to the registered owner of a vehicle a written invoice |
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containing an assessment for tolls incurred by the vehicle. |
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(e) Notwithstanding Section 322.008(d), Business & Commerce |
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Code, the [The] department may provide that the invoice under |
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Subsection (c), instead of being sent by certified [first class] |
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mail, be sent as an electronic record to a registered owner that |
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agrees to the terms of the electronic record transmission of the |
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information, provided that the notice is sent using a method |
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approved by the department under Section 372.057(a)(2). |
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SECTION 2. Sections 228.055(d-1) and (e), Transportation |
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Code, are amended to read as follows: |
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(d-1) If the lessor provides the required information |
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within the period prescribed under Subsection (d), the department |
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may send an invoice to the lessee at the address provided under |
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Subsection (d) by certified [first class] mail before the 30th day |
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after the date of receipt of the required information from the |
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lessor. |
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(e) It is an exception to liability of a vehicle's |
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registered owner for a toll incurred by the vehicle if the |
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registered owner of the vehicle transferred ownership of the |
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vehicle to another person before the toll was incurred, submitted |
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written notice of the transfer to the department in accordance with |
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Section 501.147, and, before the 30th day after the date the invoice |
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is mailed, provides to the department the name and address of the |
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person to whom the vehicle was transferred. If the former owner of |
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the vehicle provides the required information within the period |
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prescribed, the department may send an invoice to the person to whom |
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ownership of the vehicle was transferred at the address provided by |
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the former owner by certified [first class] mail before the 30th day |
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after the date of receipt of the required information from the |
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former owner. The department may send all subsequent invoices |
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associated with the vehicle to the person to whom ownership of the |
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vehicle was transferred at the address provided by the former owner |
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or an alternate address provided by the subsequent owner or derived |
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through other reliable means. |
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SECTION 3. Section 228.056(b), Transportation Code, is |
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amended to read as follows: |
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(b) In the prosecution of an offense under Section 228.0547: |
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(1) [it is presumed that the invoice containing the |
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assessment for the toll was received on the fifth day after the date |
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of mailing; |
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[(2)] a computer record of the Texas Department of |
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Motor Vehicles of the registered owner of the vehicle is prima facie |
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evidence of its contents and that the defendant was the registered |
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owner of the vehicle when the toll was incurred; and |
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(2) [(3)] a copy of the rental, lease, or other |
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contract document, or the electronic data provided to the |
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department under Section 228.055(d), covering the vehicle on the |
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date the toll was incurred is prima facie evidence of its contents |
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and that the defendant was the lessee of the vehicle when the toll |
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was incurred. |
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SECTION 4. Sections 284.0701(b), (d-1), and (e), |
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Transportation Code, are amended 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, not |
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to exceed $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 certified [first-class] mail not |
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later than the 30th day after the date of the alleged failure to pay |
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and may require payment not sooner than the 30th day after the date |
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the notice was mailed. The registered owner shall pay a separate |
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toll and administrative cost for each event of nonpayment under |
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Section 284.070. |
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(d-1) If the lessor provides the required information |
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within the period prescribed under Subsection (d), the authority |
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may send a notice of nonpayment to the lessee at the address |
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provided under Subsection (d) by certified [first class] mail |
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before the 30th day after the date of receipt of the required |
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information from the lessor. The lessee of the vehicle for which |
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the proper toll was not paid who is mailed a written notice of |
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nonpayment under this subsection and fails to pay the proper toll |
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and administrative cost within the time specified by the notice of |
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nonpayment commits an offense. The lessee shall pay a separate toll |
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and administrative cost for each event of nonpayment. Each failure |
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to pay a toll or administrative cost under this subsection is a |
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separate offense. |
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(e) It is an exception to the application of Subsection (a) |
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or (c) if the registered owner of the vehicle transferred ownership |
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of the vehicle to another person before the event of nonpayment |
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under Section 284.070 occurred, submitted written notice of the |
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transfer to the Texas Department of Motor Vehicles in accordance |
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with Section 501.147, and before the 30th day after the date the |
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notice of nonpayment is mailed, provides to the county the name and |
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address of the person to whom the vehicle was transferred. If the |
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former owner of the vehicle provides the required information |
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within the period prescribed, the county may send a notice of |
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nonpayment to the person to whom ownership of the vehicle was |
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transferred at the address provided by the former owner by |
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certified [first-class] mail before the 30th day after the date of |
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receipt of the required information from the former owner. The |
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subsequent owner of the vehicle for which the proper toll was not |
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paid who is mailed a written notice of nonpayment under this |
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subsection and fails to pay the proper toll and administrative cost |
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within the time specified by the notice of nonpayment commits an |
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offense. The subsequent owner shall pay a separate toll and |
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administrative cost for each event of nonpayment under Section |
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284.070. Each failure to pay a toll or administrative cost under |
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this subsection is a separate offense. |
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SECTION 5. Sections 366.178(b-2), (b-4), (d-1), (d-2), |
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(i-1), and (k), Transportation Code, are amended to read as |
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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 certified [first |
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class] mail to the registered owner of the vehicle. The invoice may |
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include one or more tolls assessed by the authority for use of the |
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project by the nonpaying vehicle and must specify the date by which |
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the toll or tolls must be paid. Except as provided by Subsection |
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(b-3), the registered owner shall pay the unpaid tolls included in |
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the invoice not later than the 25th day after the date the invoice |
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is mailed. |
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(b-4) If the registered owner of the nonpaying vehicle fails |
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to pay the unpaid tolls included in the invoice mailed under |
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Subsection (b-2) or (b-3) by the date specified in the invoice, the |
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authority shall send the first notice of nonpayment by certified |
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[first class] mail to the registered owner of the nonpaying vehicle |
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as provided by Subsection (d). |
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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 certified [first class] mail |
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to the registered owner of the nonpaying vehicle. The second |
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notice of nonpayment must specify the date by which payment must be |
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made and 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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$25 for each unpaid toll included in the notice, not to exceed a |
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total of $200. |
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(d-2) If the registered owner of the nonpaying vehicle fails |
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to pay the amount included in the second notice of nonpayment by the |
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date specified in that notice, the authority shall send a third |
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notice of nonpayment by certified [first class] mail to the |
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registered owner of the nonpaying vehicle. The third 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 amount included in the second notice of |
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nonpayment; and |
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(2) any third-party collection service fees incurred |
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by the authority. |
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(i-1) If the lessor timely provides the required |
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information under Subsection (i), the lessee of the vehicle on the |
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date the unpaid toll was assessed is considered to be the registered |
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owner of the vehicle for purposes of this section, and the authority |
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shall follow the procedures provided by this section as if the |
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lessee were the registered owner of the vehicle, including sending |
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an invoice to the lessee by certified [first-class] mail not later |
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than the 30th day after the date of the receipt of the information |
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from the lessor. |
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(k) Notwithstanding [As authorized under] Section |
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322.008(d) [322.008(d)(2)], Business & Commerce Code, an authority |
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may provide information, including an invoice or notice, required |
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under this section to be sent by certified [first class] mail |
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instead as an electronic record: |
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(1) if the recipient of the information agrees to the |
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transmission of the information as an electronic record; [and] |
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(2) on terms acceptable to the recipient; and |
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(3) if the authority provides the information using a |
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method approved by the department under Section 372.057(a)(2). |
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SECTION 6. Sections 370.177(c), (e-1), (f), and (n), |
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Transportation Code, are 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, not to exceed |
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$100. The authority shall send a written notice of nonpayment to |
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the registered owner of the vehicle at that owner's address as shown |
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in the vehicle registration records of the department by certified |
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[first class] mail not later than the 30th day after the date of the |
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alleged failure to pay and may require payment not sooner than the |
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30th day after the date the notice was mailed. The registered owner |
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shall pay a separate toll and administrative fee for each event of |
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nonpayment under Subsection (a). |
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(e-1) If the lessor provides the required information |
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within the period prescribed under Subsection (e), the authority |
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may send a notice of nonpayment to the lessee at the address |
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provided under Subsection (e) by certified [first class] mail |
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before the 30th day after the date of receipt of the required |
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information from the lessor. The lessee of the vehicle for which |
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the proper toll was not paid who is mailed a written notice of |
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nonpayment under this subsection and fails to pay the proper toll |
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and administrative fee within the time specified by the notice of |
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nonpayment commits an offense. The lessee shall pay a separate toll |
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and administrative fee for each event of nonpayment. Each failure |
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to pay a toll or administrative fee under this subsection is a |
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separate offense. |
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(f) It is an exception to the application of Subsection (b) |
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or (d) that the registered owner of the vehicle transferred |
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ownership of the vehicle to another person before the event of |
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nonpayment under Subsection (a) occurred, submitted written notice |
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of the transfer to the department in accordance with Section |
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501.147, and before the 30th day after the date the notice of |
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nonpayment is mailed, provides to the authority the name and |
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address of the person to whom the vehicle was transferred. If the |
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former owner of the vehicle provides the required information |
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within the period prescribed, the authority may send a notice of |
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nonpayment to the person to whom ownership of the vehicle was |
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transferred at the address provided by the former owner by |
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certified [first class] mail before the 30th day after the date of |
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receipt of the required information from the former owner. The |
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subsequent owner of the vehicle for which the proper toll was not |
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paid who is mailed a written notice of nonpayment under this |
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subsection and fails to pay the proper toll and administrative fee |
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within the time specified by the notice of nonpayment commits an |
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offense. The subsequent owner shall pay a separate toll and |
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administrative fee for each event of nonpayment under Subsection |
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(a). Each failure to pay a toll or administrative fee under this |
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subsection is a separate offense. |
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(n) Notwithstanding [As authorized under] Section |
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322.008(d) [322.008(d)(2)], Business & Commerce Code, an authority |
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may provide an invoice or notice required under this section to be |
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sent by certified [first class] mail instead as an electronic |
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record: |
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(1) if the recipient of the information agrees to the |
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transmission of the information as an electronic record; [and] |
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(2) on terms acceptable to the recipient; and |
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(3) if the authority provides the information using a |
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method approved by the department under Section 372.057(a)(2). |
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SECTION 7. Section 372.057(a), Transportation Code, is |
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amended to read as follows: |
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(a) Except as provided by Subsection (b), an [An] invoice or |
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notice provided to a person by a toll project entity must [may] be |
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provided by: |
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(1) certified [first class] mail; or |
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(2) another method approved by the department: |
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(A) that is delivered electronically and |
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confirms the person received the invoice or notice; and |
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(B) for which [e-mail if] the person has provided |
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the necessary contact information [an e-mail address] to the entity |
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and has elected to receive notice through that method |
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[electronically]. |
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SECTION 8. Section 372.104(a), Transportation Code, is |
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amended to read as follows: |
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(a) If the registered owner of the vehicle fails to comply |
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with the terms of an agreement described by Section 372.103, a toll |
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project entity may send by certified [first class] mail to the |
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person at the address shown on the agreement a written notice |
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demanding payment of the outstanding balance due. |
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SECTION 9. Sections 372.106(c) and (d), Transportation |
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Code, are amended to read as follows: |
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(c) The notice must: |
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(1) be sent by certified [first class] mail [and is |
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presumed received on the fifth day after the date the notice is |
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mailed]; and |
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(2) state: |
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(A) the total number of events of nonpayment and |
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the total amount due for tolls and administrative fees; |
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(B) the date of the determination under |
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Subsection (a); |
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(C) the right of the person to request a hearing |
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on the determination; and |
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(D) the procedure for requesting a hearing, |
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including the period during which the request must be made. |
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(d) If not later than the 30th day after the date on which |
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the person [is presumed to have] received the notice the toll |
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project entity receives a written request for a hearing, a hearing |
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shall be held as provided by Section 372.107. |
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SECTION 10. Section 372.110(b), Transportation Code, is |
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amended to read as follows: |
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(b) The notice required by Subsection (a)(2) must be sent by |
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certified [first class] mail to the registered owner at an address |
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under Section 372.106(b) at least 10 days before the date the |
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prohibition order takes effect [and is presumed received on the |
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fifth day after the date the notice is mailed]. |
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SECTION 11. Section 372.116, Transportation Code, is |
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amended to read as follows: |
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Sec. 372.116. METHOD OF SENDING INVOICE OR NOTICE. |
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Notwithstanding [As authorized under] Section 322.008(d) |
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[322.008(d)(2)], Business & Commerce Code, a toll project entity |
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may provide an invoice or notice required under this subchapter to |
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be sent by certified [first class] mail instead as an electronic |
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record: |
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(1) if the recipient of the information agrees to the |
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transmission of the information as an electronic record; [and] |
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(2) on terms acceptable to the recipient; and |
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(3) if the entity provides the information using a |
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method approved by the department under Section 372.057(a)(2). |
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SECTION 12. The changes in law made by this Act apply 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 13. This Act takes effect September 1, 2023. |