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A BILL TO BE ENTITLED
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AN ACT
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relating to toll collection and enforcement by toll project |
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entities; authorizing an administrative fee; imposing a civil |
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penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. PAYMENT OF TOLLS |
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SECTION 1.01. Chapter 372, Transportation Code, is amended |
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by adding Subchapter B-1 to read as follows: |
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SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT |
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Sec. 372.071. DEFINITION. In this subchapter, "registered |
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owner" means an owner as defined by Section 502.001. |
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Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES |
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EXEMPT. (a) The operator of a vehicle, other than an authorized |
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emergency vehicle as defined by Section 541.201, that is driven or |
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towed through a toll collection facility of a toll project shall pay |
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the proper toll. The exemption from payment of a toll for an |
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authorized emergency vehicle applies regardless of whether the |
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vehicle is: |
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(1) responding to an emergency; |
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(2) displaying a flashing light; or |
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(3) marked as an emergency vehicle. |
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(b) Notwithstanding Subsection (a), a toll project entity |
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may waive the requirement of the payment of a toll or may authorize |
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the payment of a reduced toll for any vehicle or class of vehicles. |
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Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As |
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an alternative to requiring payment of a toll at the time a vehicle |
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is driven or towed through a toll collection facility, a toll |
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project entity shall use video billing or other tolling methods to |
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permit the registered owner of the vehicle to pay the toll at a |
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later date. |
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(b) A toll project entity may use automated enforcement |
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technology, including video recordings, photography, electronic |
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data, and transponders, or other tolling methods to identify the |
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registered owner of the vehicle for purposes of billing, |
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collection, and enforcement activities. |
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(c) A toll project entity shall send by first class mail to |
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the registered owner of a vehicle a written invoice containing an |
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assessment for tolls incurred by the vehicle. |
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(d) A toll project entity shall send the invoice required |
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under Subsection (c) and related communications to: |
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(1) the registered owner's address as shown in the |
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vehicle registration records of the Texas Department of Motor |
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Vehicles or the analogous department or agency of another state or |
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country; or |
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(2) an alternate address provided by the owner or |
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derived through other reliable means. |
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(e) A toll project entity may provide that the invoice |
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required under Subsection (c), instead of being sent by 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. |
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(f) A toll project entity that sends an initial invoice |
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required under Subsection (c) may not assess an additional fee |
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other than a postage fee to the amount owed by the owner of the |
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vehicle. |
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Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An |
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invoice containing an assessment for the use of a toll project must: |
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(1) require payment not later than the 30th day after |
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the date the invoice is mailed; and |
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(2) conspicuously state: |
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(A) the amount due; |
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(B) the date by which the amount due must be paid; |
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(C) that failure to pay the amount due in the |
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required period will result in the assessment of an administrative |
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fee; and |
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(D) that failure to pay two or more invoices will |
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result in a civil penalty. |
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Sec. 372.075. PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE. |
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(a) A person who receives an invoice under this subchapter for the |
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use of a toll project shall, not later than the due date specified |
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in the invoice: |
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(1) pay the amount owed as stated in the invoice; or |
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(2) send a written request to the toll project entity |
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for a review of the toll assessments contained in the invoice. |
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(b) If a person fails to comply with Subsection (a), a toll |
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project entity may add an administrative fee, not to exceed $6, to |
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the amount the person owes. The toll project entity: |
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(1) must set the administrative fee by rule in an |
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amount that does not exceed the cost of collecting the toll; and |
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(2) may not charge a person more than $48 in |
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administrative fees in a 12-month period. |
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(c) A toll project entity other than a county under Chapter |
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284 may contract, in accordance with Section 2107.003, Government |
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Code, with a person to collect unpaid tolls and any applicable |
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administrative fees from a person who has failed to pay at least six |
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consecutive months of unpaid tolls before referring the matter to a |
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court with jurisdiction over a civil penalty under Section 372.078. |
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(d) A toll project entity may not collect unpaid tolls and |
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administrative fees through an administrative adjudication hearing |
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conducted by the toll project entity or a person who contracts with |
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the toll project entity to conduct hearings. |
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Sec. 372.076. PAYMENT PLAN. In the second invoice for |
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unpaid tolls sent to a person by a toll project entity, the toll |
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project entity shall provide to the person the option to pay the |
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tolls through a payment plan. |
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Sec. 372.077. 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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Sec. 372.078. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE |
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INVOICES. (a) Except as provided by Subsection (c), a person who |
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receives two or more invoices for unpaid tolls and who has not paid |
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the amounts due on or before the due dates specified in the invoices |
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is subject to a civil penalty of $25. Only one civil penalty may be |
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assessed in a six-month period. An appropriate district or county |
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attorney may sue to collect the civil penalty and the underlying |
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toll and administrative fee. |
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(b) In determining liability for a civil penalty under this |
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section, it is presumed that the unpaid invoices were received on |
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the fifth day after the date of mailing. |
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(c) A person who enters into a payment plan under Section |
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372.076 is subject to a civil penalty under Subsection (a) only if |
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the person fails to make a payment required by the payment plan. |
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(d) It is a defense to liability for a civil penalty under |
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this section that the person: |
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(1) is not liable for payment of each toll assessed in |
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the unpaid invoices; or |
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(2) paid the amount owed in the invoices pertaining to |
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each toll assessed in the invoices for which the person is liable. |
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(e) The court in which a person is found liable for a civil |
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penalty under Subsection (a) shall collect the civil penalty, |
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unpaid tolls, administrative fees, and any additional court costs |
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and forward the amounts to the appropriate toll project entity. |
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Sec. 372.079. EXCEPTIONS TO TOLL LIABILITY: LEASED, |
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TRANSFERRED, OR STOLEN VEHICLE. (a) It is an exception to |
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liability of a vehicle's registered owner for a toll incurred by the |
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vehicle if the registered owner of the vehicle is a lessor of the |
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vehicle and not later than the 30th day after the date the invoice |
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containing an assessment of the toll is mailed provides to the |
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appropriate toll project entity: |
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(1) a copy of the rental, lease, or other contract |
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document covering the vehicle on the date the toll was incurred, |
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with the name and address of the lessee clearly legible; or |
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(2) electronic data, in a format agreed on by the toll |
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project entity and the lessor, other than a photocopy or scan of a |
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rental or lease contract, that contains the information required |
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under Sections 521.460(c)(1), (2), and (3) covering the vehicle on |
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the date the toll was incurred. |
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(b) If the lessor provides the required information within |
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the period prescribed under Subsection (a), the toll project entity |
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may send an invoice to the lessee at the address provided under |
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Subsection (a) by first class mail not later than the 30th day after |
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the date of receipt of the required information from the lessor. |
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(c) 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: |
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(1) transferred ownership of the vehicle to another |
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person before the toll was incurred; |
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(2) submitted written notice of the transfer to the |
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Texas Department of Motor Vehicles in accordance with Section |
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501.147; and |
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(3) not later than the 30th day after the date the |
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invoice is mailed, provides to the appropriate toll project entity |
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the name and address of the person to whom the vehicle was |
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transferred. |
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(d) If the former owner of the vehicle provides the required |
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information within the period prescribed under Subsection (c), the |
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toll project entity 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 first class mail not later than the 30th day |
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after the date of receipt of the required information from the |
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former owner. |
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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: |
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(1) the vehicle in question was stolen before the toll |
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was incurred and was not recovered by the time the toll was |
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incurred; and |
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(2) the theft was reported to the appropriate law |
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enforcement authority before the earlier of: |
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(A) the time the toll was incurred; or |
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(B) eight hours after the discovery of the theft. |
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Sec. 372.080. PRESUMPTION. Proof that a vehicle passed |
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through a toll collection facility without payment of the proper |
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toll, together with proof that the invoice recipient was the |
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registered owner or the driver of the vehicle when the toll was |
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incurred, creates a presumption that the invoice recipient is |
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liable for the toll incurred by the vehicle. The proof may be by a |
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written statement of a peace officer or toll project entity |
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employee, video surveillance, or any other reasonable evidence, |
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including: |
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(1) evidence obtained by automated enforcement |
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technology that the toll project entity determines is necessary, |
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including automated enforcement technology described by Section |
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372.073(b); or |
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(2) a copy of the rental, lease, or other contract |
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document or the electronic data provided to the toll project entity |
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under Section 372.079(a) that shows that the invoice recipient was |
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the lessee of the vehicle when the toll was incurred. |
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Sec. 372.081. CONFIDENTIALITY OF INFORMATION RELATED TO |
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TOLL COLLECTION AND ENFORCEMENT. Information collected for the |
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purposes of this subchapter, including contact, payment, and other |
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account information and trip data, is confidential and not subject |
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to disclosure under Chapter 552, Government Code. |
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SECTION 1.02. Section 372.058, Transportation Code, is |
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transferred to Subchapter B-1, Chapter 372, Transportation Code, as |
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added by this Act, redesignated as Section 372.082, Transportation |
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Code, and amended to read as follows: |
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Sec. 372.082 [372.058]. INFORMATION SHARING AND CONTRACTS |
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BETWEEN TOLL PROJECT ENTITIES. (a) Notwithstanding the |
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confidentiality of electronic toll collection customer account |
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information, including confidentiality under Sections 228.057(e), |
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366.179(d), [370.177(m),] 370.178(d), [and] 372.051(a), and |
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372.081, a toll project entity with an electronic toll collection |
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customer may provide to another toll project entity electronic toll |
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collection customer account information for the purposes of |
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customer service, toll collection, enforcement, or reporting |
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requirements. |
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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 must[: |
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[(1) specify which entity is responsible for making |
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the determinations, sending notices, and taking other actions, as |
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applicable, under Section 372.055; and |
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[(2)] include terms to ensure that customers do not |
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receive invoices from more than one entity for the same |
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transaction. |
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ARTICLE 2. CONFORMING CHANGES |
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SECTION 2.01. Section 228.059, Transportation Code, is |
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amended to read as follows: |
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Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER |
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ENTITY. (a) An entity operating a toll lane pursuant to Section |
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228.007(b) or under an agreement under Subchapter E, Chapter 223, |
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has, with regard to toll collection and enforcement for that toll |
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lane, the same powers and duties as the department under this |
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chapter and Subchapter B-1, Chapter 372, except as provided by |
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Subsection (b). The entity may use revenues for improvement, |
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extension, expansion, or maintenance of the toll lane. |
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(b) Notwithstanding any [Sections 228.0545, 228.0546, and |
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228.0547 or] other law, a toll collected pursuant to an agreement |
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for tolling services with a toll project entity, as defined by |
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Section 371.001, other than the department is governed by the fee |
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and fine structure of the entity issuing the initial toll invoice. |
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SECTION 2.02. The heading to Subchapter D, Chapter 284, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS |
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[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES] |
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SECTION 2.03. The heading to Section 284.2031, |
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Transportation Code, is amended to read as follows: |
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Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT: FINE. |
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SECTION 2.04. Section 284.2031(a), Transportation Code, is |
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amended to read as follows: |
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(a) A county may impose, in addition to other costs, a fine |
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of $1 on the imposition of a civil penalty [conviction to a |
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defendant convicted of an offense] under Section 372.078 [284.070, |
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284.0701, or 284.203] in an action brought by the county or district |
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attorney. |
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SECTION 2.05. 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 2.06. Subchapter E, Chapter 366, Transportation |
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Code, is amended by adding Section 366.186 to read as follows: |
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Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL |
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COLLECTION AND ENFORCEMENT. In addition to the other powers and |
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duties provided by this chapter and Chapter 372, an authority has |
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the same powers and duties as the department under Chapter 228, a |
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county under Chapter 284, and a regional mobility authority under |
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Chapter 370 regarding the authority's toll collection and |
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enforcement powers for: |
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(1) the authority's turnpike projects; and |
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(2) other toll projects developed, financed, |
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constructed, or operated under an agreement, including a |
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comprehensive development agreement, with the authority. |
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SECTION 2.07. Subchapter E, Chapter 370, Transportation |
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Code, is amended by adding Section 370.194 to read as follows: |
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Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL |
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COLLECTION AND ENFORCEMENT. In addition to the other powers and |
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duties provided by this chapter and Chapter 372, an authority has |
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the same powers and duties as the department under Chapter 228, a |
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county under Chapter 284, and a regional tollway authority under |
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Chapter 366 regarding the authority's toll collection and |
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enforcement powers for: |
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(1) the authority's turnpike projects; and |
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(2) other toll projects developed, financed, |
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constructed, or operated under an agreement with the authority or |
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another entity. |
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SECTION 2.08. The heading to Subchapter C, Chapter 372, |
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Transportation Code, is amended to read as follows: |
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SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF |
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TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES] |
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SECTION 2.09. The heading to Section 372.105, |
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Transportation Code, is amended to read as follows: |
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Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL |
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PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE. |
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SECTION 2.10. Sections 372.105(a) and (b), Transportation |
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Code, are amended to read as follows: |
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(a) A toll project entity may, in lieu of mailing an invoice |
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[a written notice of nonpayment], serve with an invoice [a written |
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notice of nonpayment] in person an owner of a vehicle that is not |
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registered in this state, including the owner of a vehicle |
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registered in another state of the United States, the United |
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Mexican States, a state of the United Mexican States, or another |
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country or territory. An invoice [A notice of nonpayment] may also |
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be served by an employee of a governmental entity operating an |
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international bridge at the time a vehicle with a record of |
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nonpayment seeks to enter or leave this state. |
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(b) An invoice [Each written notice of nonpayment] issued |
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under Subsection (a) must be paid not later than the due date |
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specified in the invoice [shall include a warning that the failure |
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to pay the amounts in the notice may result in the toll project |
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entity's exercise of the habitual violator remedies under this |
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subchapter]. |
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SECTION 2.11. Section 541.201(13-a), Transportation Code, |
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is amended to read as follows: |
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(13-a) "Police vehicle" means a vehicle used by a |
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peace officer, as defined by Article 2.12, Code of Criminal |
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Procedure, for law enforcement purposes that: |
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(A) is owned or leased by a governmental entity; |
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(B) is owned or leased by the police department |
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of a private institution of higher education that commissions peace |
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officers under Section 51.212, Education Code; or |
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(C) is: |
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(i) a private vehicle owned or leased by the |
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peace officer; and |
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(ii) approved for use for law enforcement |
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purposes by the head of the law enforcement agency that employs the |
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peace officer, or by that person's designee, provided that use of |
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the private vehicle must, if applicable, comply with any rule |
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adopted by the commissioners court of a county under Section |
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170.001, Local Government Code, and that the private vehicle may |
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not be considered an authorized emergency vehicle for exemption |
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purposes under Section 372.072 [228.054, 284.070, 366.178, or |
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370.177], Transportation Code, unless the vehicle is marked. |
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ARTICLE 3. REPEALERS |
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SECTION 3.01. The following provisions of the |
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Transportation Code are repealed: |
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(1) Section 228.001(3-a); |
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(2) Sections 228.054, 228.0545, 228.0546, 228.0547, |
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228.055, and 228.056; |
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(3) Sections 284.070, 284.0701, 284.0702, 284.202, |
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284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208, |
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284.209, 284.210, 284.211, and 284.212; |
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(4) Section 284.2031(b); |
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(5) Section 366.178; |
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(6) Section 370.177; |
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(7) Section 372.054; |
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(8) Sections 372.055, 372.056, 372.057, 372.102, |
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372.106, 372.107, 372.108, 372.109, 372.110, 372.111, 372.112, |
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372.113, 372.114, and 372.115; |
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(9) Sections 372.105(c), (d), (e), and (f); and |
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(10) Section 502.011. |
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ARTICLE 4. TRANSITION; EFFECTIVE DATE |
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SECTION 4.01. The changes in law made by this Act apply only |
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to a toll incurred on or after the effective date of this Act. A |
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toll incurred before the effective date of this Act is governed by |
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the law in effect on the date the toll was incurred, and the former |
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law is continued in effect for that purpose. |
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SECTION 4.02. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2023. |