Bill Text: TX HB2549 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to the authority and operation of regional tollway authorities.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2549 Detail]
Download: Texas-2015-HB2549-Introduced.html
Bill Title: Relating to the authority and operation of regional tollway authorities.
Spectrum: Bipartisan Bill
Status: (Passed) 2015-06-17 - Effective on 9/1/15 [HB2549 Detail]
Download: Texas-2015-HB2549-Introduced.html
By: Davis of Dallas | H.B. No. 2549 |
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relating to the authority and operation of regional tollway | ||
authorities. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 366.038, Transportation Code, is amended | ||
by adding Subsection (h) to read as follows: | ||
(h) For purposes of Subchapter C, Chapter 372, a toll | ||
project for which an authority provides tolling services under a | ||
tolling services agreement is considered a toll project of the | ||
authority and the authority is considered the toll project entity | ||
with respect to all rights and remedies arising under that | ||
subchapter regarding the toll project. The authority may not stop, | ||
detain, or impound a motor vehicle as authorized under that | ||
subchapter on a toll project's active traffic lanes unless a | ||
tolling service agreement addresses that action. | ||
SECTION 2. Section 366.178, Transportation Code, is amended | ||
by amending Subsections (b-2), (b-3), (d), and (g) and adding | ||
Subsection (k) to read as follows: | ||
(b-2) If the authority does not collect the proper toll at | ||
the time a vehicle is driven or towed through a toll assessment | ||
facility, the authority shall send an invoice by first class mail to | ||
the registered owner of the vehicle. The invoice may include one or | ||
more tolls assessed by the authority for use of the project by the | ||
nonpaying vehicle and must specify the date by which the toll or | ||
tolls must be paid. Except as provided by Subsection (b-3), the | ||
registered owner shall pay the unpaid tolls included in the invoice | ||
not later than the 25th [ |
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mailed. | ||
(b-3) If the address to which the invoice issued under | ||
Subsection (b-2) is mailed to the registered owner is determined to | ||
be incorrect, the registered owner shall pay the invoice not later | ||
than the 25th [ |
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correct address. | ||
(d) Unless an authority requires additional time to send a | ||
notice of nonpayment because of events outside the authority's | ||
reasonable control, the authority shall send the first notice of | ||
nonpayment not later than the 30th day after the date the 25-day | ||
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issued under Subsection (b-2) or (b-3). If an authority requires | ||
additional time as provided by this subsection, the authority must | ||
send the notice not later than the 60th day after the date the | ||
25-day [ |
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invoice issued under Subsection (b-2) or (b-3). The first notice of | ||
nonpayment shall require payment of the unpaid tolls included in | ||
the invoice and the administrative fee before the 25th [ |
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after the date the first notice of nonpayment is mailed. | ||
(g) The court of the local jurisdiction in which the unpaid | ||
toll was assessed may assess and collect the fine in addition to any | ||
court costs. The court may [ |
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authority properly assessed [ |
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fees, and third-party collection service fees incurred by the | ||
authority as determined by: | ||
(1) the court after a hearing; or | ||
(2) written agreement of the registered owner [ |
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(k) As authorized under Section 322.008(d)(2), Business & | ||
Commerce Code, an authority may provide information, including an | ||
invoice or notice, required under this section to be sent first | ||
class mail instead as an electronic record: | ||
(1) if the recipient of the information agrees to the | ||
transmission of the information as an electronic record; and | ||
(2) on terms acceptable to the recipient. | ||
SECTION 3. Section 366.261(b), Transportation Code, is | ||
amended to read as follows: | ||
(b) Not later than June 30 [ |
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authority shall file with the commissioners court of each county of | ||
the authority a written report on the authority's activities | ||
describing all turnpike revenue bond issuances anticipated for the | ||
coming year, the financial condition of the authority, all project | ||
schedules, and the status of the authority's performance under the | ||
most recent strategic plan. | ||
At the invitation of a commissioners | ||
court of a county in the authority, representatives of the board and | ||
the administrative head of an authority shall appear before the | ||
commissioners court to present the report and receive questions and | ||
comments. | ||
SECTION 4. This Act takes effect September 1, 2015. |