Bill Text: TX HB1291 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to the payment of tolls for highway toll projects.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2011-05-18 - Left pending in committee [HB1291 Detail]
Download: Texas-2011-HB1291-Engrossed.html
82R8985 JTS-F | ||
By: Hochberg | H.B. No. 1291 |
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relating to the payment of tolls for highway toll projects. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 372, Transportation Code, is amended by | ||
adding Sections 372.054 and 372.055 to read as follows: | ||
Sec. 372.054. USE OF TRANSPONDERS. (a) In this section, | ||
"transponder" means a device, placed on or in a motor vehicle, that | ||
is capable of transmitting information used to assess or to collect | ||
tolls. | ||
(b) A toll project entity shall waive any fees and penalties | ||
for the failure to pay a toll while driving or towing a vehicle | ||
through a toll booth or toll plaza if: | ||
(1) a transponder registered to the vehicle and | ||
associated with the vehicle's license plate was used when the | ||
vehicle was driven or towed through the toll booth or plaza; | ||
(2) the failure to collect the tolls is due solely to | ||
transponder or toll equipment error, including failure to read a | ||
transponder at a transponder toll plaza; | ||
(3) the transponder was properly installed; and | ||
(4) any transponder error was not due to damage to the | ||
transponder caused by the vehicle owner or another person. | ||
(c) A toll project entity that waives fees and penalties | ||
under Subsection (b) may notify the registered owner of the vehicle | ||
to which the transponder is registered that the transponder must be | ||
replaced and is not required to waive subsequent fees and penalties | ||
for tolls not paid after the owner has been given a reasonable | ||
opportunity to replace the transponder. | ||
(d) Subsection (b) does not relieve the registered owner of | ||
liability for payment of the toll. | ||
(e) A toll project entity shall waive any fees and penalties | ||
for driving or towing a vehicle through a toll booth or toll plaza | ||
while using a transponder on or in a motor vehicle to which the | ||
transponder was not registered if: | ||
(1) the tolls are collected successfully by | ||
transponder; and | ||
(2) the vehicle is of the same toll classification as | ||
the vehicle to which the transponder was registered. | ||
Sec. 372.055. WAIVER FOR FAILURE TO PAY TOLL. (a) A toll | ||
project entity shall adopt a rule or order, as applicable, waiving | ||
penalties and fees associated with a failure to pay a toll while | ||
driving through a toll booth or toll plaza if: | ||
(1) the toll booth or toll plaza at which the vehicle | ||
operator failed to pay the toll allowed for payment only through the | ||
use of a transponder and toll payment by mail is not a payment | ||
option; and | ||
(2) the registered owner had not previously failed to | ||
pay a toll of the toll project entity during a period specified in | ||
the rule or order. | ||
(b) A toll project entity is not required to waive penalties | ||
and fees under Subsection (a) if the registered owner subsequently | ||
fails to pay a toll of the toll project entity during a period | ||
specified in the rule or order. | ||
(c) Subsection (a) does not relieve the registered owner of | ||
liability for payment of the toll. | ||
SECTION 2. This Act takes effect September 1, 2011. |