88R1064 CXP-D
 
  By: Harrison H.B. No. 2991
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to toll collection and enforcement by toll project
  entities; authorizing an administrative fee; imposing a civil
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. PAYMENT OF TOLLS
         SECTION 1.01.  Chapter 372, Transportation Code, is amended
  by adding Subchapter B-1 to read as follows:
  SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
         Sec. 372.071.  DEFINITION.  In this subchapter, "registered
  owner" means an owner as defined by Section 502.001.
         Sec. 372.072.  TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
  EXEMPT.  (a)  The operator of a vehicle, other than an authorized
  emergency vehicle as defined by Section 541.201, that is driven or
  towed through a toll collection facility of a toll project shall pay
  the proper toll.  The exemption from payment of a toll for an
  authorized emergency vehicle applies regardless of whether the
  vehicle is:
               (1)  responding to an emergency;
               (2)  displaying a flashing light; or
               (3)  marked as an emergency vehicle.
         (b)  Notwithstanding Subsection (a), a toll project entity
  may waive the requirement of the payment of a toll or may authorize
  the payment of a reduced toll for any vehicle or class of vehicles.
         Sec. 372.073.  TOLL NOT PAID AT TIME OF USE; INVOICE. (a)  As
  an alternative to requiring payment of a toll at the time a vehicle
  is driven or towed through a toll collection facility, a toll
  project entity shall use video billing or other tolling methods to
  permit the registered owner of the vehicle to pay the toll at a
  later date.
         (b)  A toll project entity may use automated enforcement
  technology, including video recordings, photography, electronic
  data, and transponders, or other tolling methods to identify the
  registered owner of the vehicle for purposes of billing,
  collection, and enforcement activities.
         (c)  A toll project entity shall send by first class mail to
  the registered owner of a vehicle a written invoice containing an
  assessment for tolls incurred by the vehicle.
         (d)  A toll project entity shall send the invoice required
  under Subsection (c) and related communications to:
               (1)  the registered owner's address as shown in the
  vehicle registration records of the Texas Department of Motor
  Vehicles or the analogous department or agency of another state or
  country; or
               (2)  an alternate address provided by the owner or
  derived through other reliable means.
         (e)  A toll project entity may provide that the invoice
  required under Subsection (c), instead of being sent by first class
  mail, be sent as an electronic record to a registered owner that
  agrees to the terms of the electronic record transmission of the
  information.
         (f)  A toll project entity that sends an initial invoice
  required under Subsection (c) may not assess an additional fee
  other than a postage fee to the amount owed by the owner of the
  vehicle.
         Sec. 372.074.  INVOICE REQUIREMENTS; PAYMENT DUE DATE.  An
  invoice containing an assessment for the use of a toll project must:
               (1)  require payment not later than the 30th day after
  the date the invoice is mailed; and
               (2)  conspicuously state:
                     (A)  the amount due;
                     (B)  the date by which the amount due must be paid;
                     (C)  that failure to pay the amount due in the
  required period will result in the assessment of an administrative
  fee; and
                     (D)  that failure to pay two or more invoices will
  result in a civil penalty.
         Sec. 372.075.  PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.  
  (a)  A person who receives an invoice under this subchapter for the
  use of a toll project shall, not later than the due date specified
  in the invoice:
               (1)  pay the amount owed as stated in the invoice; or
               (2)  send a written request to the toll project entity
  for a review of the toll assessments contained in the invoice.
         (b)  If a person fails to comply with Subsection (a), a toll
  project entity may add an administrative fee, not to exceed $6, to
  the amount the person owes.  The toll project entity:
               (1)  must set the administrative fee by rule in an
  amount that does not exceed the cost of collecting the toll; and
               (2)  may not charge a person more than $48 in
  administrative fees in a 12-month period.
         (c)  A toll project entity other than a county under Chapter
  284 may contract, in accordance with Section 2107.003, Government
  Code, with a person to collect unpaid tolls and any applicable
  administrative fees from a person who has failed to pay at least six
  consecutive months of unpaid tolls before referring the matter to a
  court with jurisdiction over a civil penalty under Section 372.078.
         (d)  A toll project entity may not collect unpaid tolls and
  administrative fees through an administrative adjudication hearing
  conducted by the toll project entity or a person who contracts with
  the toll project entity to conduct hearings.
         Sec. 372.076.  PAYMENT PLAN. In the second invoice for
  unpaid tolls sent to a person by a toll project entity, the toll
  project entity shall provide to the person the option to pay the
  tolls through a payment plan.
         Sec. 372.077.  NOTICE OF RETURNED PAYMENT. A toll project
  entity must immediately notify the holder of an electronic toll
  collection customer account that a payment by the credit card or
  debit card associated with the account was declined or could not
  otherwise be processed.
         Sec. 372.078.  CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
  INVOICES.  (a)  Except as provided by Subsection (c), a person who
  receives two or more invoices for unpaid tolls and who has not paid
  the amounts due on or before the due dates specified in the invoices
  is subject to a civil penalty of $25.  Only one civil penalty may be
  assessed in a six-month period.  An appropriate district or county
  attorney may sue to collect the civil penalty and the underlying
  toll and administrative fee.
         (b)  In determining liability for a civil penalty under this
  section, it is presumed that the unpaid invoices were received on
  the fifth day after the date of mailing.
         (c)  A person who enters into a payment plan under Section
  372.076 is subject to a civil penalty under Subsection (a) only if
  the person fails to make a payment required by the payment plan.
         (d)  It is a defense to liability for a civil penalty under
  this section that the person:
               (1)  is not liable for payment of each toll assessed in
  the unpaid invoices; or
               (2)  paid the amount owed in the invoices pertaining to
  each toll assessed in the invoices for which the person is liable.
         (e)  The court in which a person is found liable for a civil
  penalty under Subsection (a) shall collect the civil penalty,
  unpaid tolls, administrative fees, and any additional court costs
  and forward the amounts to the appropriate toll project entity.
         Sec. 372.079.  EXCEPTIONS TO TOLL LIABILITY:  LEASED,
  TRANSFERRED, OR STOLEN VEHICLE.  (a)  It is an exception to
  liability of a vehicle's registered owner for a toll incurred by the
  vehicle if the registered owner of the vehicle is a lessor of the
  vehicle and not later than the 30th day after the date the invoice
  containing an assessment of the toll is mailed provides to the
  appropriate toll project entity:
               (1)  a copy of the rental, lease, or other contract
  document covering the vehicle on the date the toll was incurred,
  with the name and address of the lessee clearly legible; or
               (2)  electronic data, in a format agreed on by the toll
  project entity and the lessor, other than a photocopy or scan of a
  rental or lease contract, that contains the information required
  under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
  the date the toll was incurred.
         (b)  If the lessor provides the required information within
  the period prescribed under Subsection (a), the toll project entity
  may send an invoice to the lessee at the address provided under
  Subsection (a) by first class mail not later than the 30th day after
  the date of receipt of the required information from the lessor.
         (c)  It is an exception to liability of a vehicle's
  registered owner for a toll incurred by the vehicle if the
  registered owner of the vehicle:
               (1)  transferred ownership of the vehicle to another
  person before the toll was incurred;
               (2)  submitted written notice of the transfer to the
  Texas Department of Motor Vehicles in accordance with Section
  501.147; and
               (3)  not later than the 30th day after the date the
  invoice is mailed, provides to the appropriate toll project entity
  the name and address of the person to whom the vehicle was
  transferred.
         (d)  If the former owner of the vehicle provides the required
  information within the period prescribed under Subsection (c), the
  toll project entity may send an invoice to the person to whom
  ownership of the vehicle was transferred at the address provided by
  the former owner by first class mail not later than the 30th day
  after the date of receipt of the required information from the
  former owner.
         (e)  It is an exception to liability of a vehicle's
  registered owner for a toll incurred by the vehicle if:
               (1)  the vehicle in question was stolen before the toll
  was incurred and was not recovered by the time the toll was
  incurred; and
               (2)  the theft was reported to the appropriate law
  enforcement authority before the earlier of:
                     (A)  the time the toll was incurred; or
                     (B)  eight hours after the discovery of the theft.
         Sec. 372.080.  PRESUMPTION.  Proof that a vehicle passed
  through a toll collection facility without payment of the proper
  toll, together with proof that the invoice recipient was the
  registered owner or the driver of the vehicle when the toll was
  incurred, creates a presumption that the invoice recipient is
  liable for the toll incurred by the vehicle. The proof may be by a
  written statement of a peace officer or toll project entity
  employee, video surveillance, or any other reasonable evidence,
  including:
               (1)  evidence obtained by automated enforcement
  technology that the toll project entity determines is necessary,
  including automated enforcement technology described by Section
  372.073(b); or
               (2)  a copy of the rental, lease, or other contract
  document or the electronic data provided to the toll project entity
  under Section 372.079(a) that shows that the invoice recipient was
  the lessee of the vehicle when the toll was incurred.
         Sec. 372.081.  CONFIDENTIALITY OF INFORMATION RELATED TO
  TOLL COLLECTION AND ENFORCEMENT.  Information collected for the
  purposes of this subchapter, including contact, payment, and other
  account information and trip data, is confidential and not subject
  to disclosure under Chapter 552, Government Code.
         SECTION 1.02.  Section 372.058, Transportation Code, is
  transferred to Subchapter B-1, Chapter 372, Transportation Code, as
  added by this Act, redesignated as Section 372.082, Transportation
  Code, and amended to read as follows:
         Sec. 372.082  [372.058]. INFORMATION SHARING AND CONTRACTS
  BETWEEN TOLL PROJECT ENTITIES. (a) Notwithstanding the
  confidentiality of electronic toll collection customer account
  information, including confidentiality under Sections 228.057(e),
  366.179(d), [370.177(m),] 370.178(d), [and] 372.051(a), and
  372.081, a toll project entity with an electronic toll collection
  customer may provide to another toll project entity electronic toll
  collection customer account information for the purposes of
  customer service, toll collection, enforcement, or reporting
  requirements.
         (b)  The provision of electronic toll collection customer
  account information under Subsection (a) must ensure the
  confidentiality of all account information.
         (c)  A contract between toll project entities for the
  collection of tolls must[:
               [(1)  specify which entity is responsible for making
  the determinations, sending notices, and taking other actions, as
  applicable, under Section 372.055; and
               [(2)]  include terms to ensure that customers do not
  receive invoices from more than one entity for the same
  transaction.
  ARTICLE 2.  CONFORMING CHANGES
         SECTION 2.01.  Section 228.059, Transportation Code, is
  amended to read as follows:
         Sec. 228.059.  TOLL COLLECTION AND ENFORCEMENT BY OTHER
  ENTITY. (a) An entity operating a toll lane pursuant to Section
  228.007(b) or under an agreement under Subchapter E, Chapter 223,
  has, with regard to toll collection and enforcement for that toll
  lane, the same powers and duties as the department under this
  chapter and Subchapter B-1, Chapter 372, except as provided by
  Subsection (b). The entity may use revenues for improvement,
  extension, expansion, or maintenance of the toll lane.
         (b)  Notwithstanding any [Sections 228.0545, 228.0546, and
  228.0547 or] other law, a toll collected pursuant to an agreement
  for tolling services with a toll project entity, as defined by
  Section 371.001, other than the department is governed by the fee
  and fine structure of the entity issuing the initial toll invoice.
         SECTION 2.02.  The heading to Subchapter D, Chapter 284,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
  [UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
         SECTION 2.03.  The heading to Section 284.2031,
  Transportation Code, is amended to read as follows:
         Sec. 284.2031.  CIVIL [AND CRIMINAL] ENFORCEMENT: FINE.
         SECTION 2.04.  Section 284.2031(a), Transportation Code, is
  amended to read as follows:
         (a)  A county may impose, in addition to other costs, a fine
  of $1 on the imposition of a civil penalty [conviction to a
  defendant convicted of an offense] under Section 372.078 [284.070,
  284.0701, or 284.203] in an action brought by the county or district
  attorney.
         SECTION 2.05.  Section 366.038(h), Transportation Code, is
  amended 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 2.06.  Subchapter E, Chapter 366, Transportation
  Code, is amended by adding Section 366.186 to read as follows:
         Sec. 366.186.  OTHER POWERS AND DUTIES RELATED TO TOLL
  COLLECTION AND ENFORCEMENT. In addition to the other powers and
  duties provided by this chapter and Chapter 372, an authority has
  the same powers and duties as the department under Chapter 228, a
  county under Chapter 284, and a regional mobility authority under
  Chapter 370 regarding the authority's toll collection and
  enforcement powers for:
               (1)  the authority's turnpike projects; and
               (2)  other toll projects developed, financed,
  constructed, or operated under an agreement, including a
  comprehensive development agreement, with the authority.
         SECTION 2.07.  Subchapter E, Chapter 370, Transportation
  Code, is amended by adding Section 370.194 to read as follows:
         Sec. 370.194.  OTHER POWERS AND DUTIES RELATED TO TOLL
  COLLECTION AND ENFORCEMENT. In addition to the other powers and
  duties provided by this chapter and Chapter 372, an authority has
  the same powers and duties as the department under Chapter 228, a
  county under Chapter 284, and a regional tollway authority under
  Chapter 366 regarding the authority's toll collection and
  enforcement powers for:
               (1)  the authority's turnpike projects; and
               (2)  other toll projects developed, financed,
  constructed, or operated under an agreement with the authority or
  another entity.
         SECTION 2.08.  The heading to Subchapter C, Chapter 372,
  Transportation Code, is amended to read as follows:
  SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF
  TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES]
         SECTION 2.09.  The heading to Section 372.105,
  Transportation Code, is amended to read as follows:
         Sec. 372.105.  INVOICES PROVIDED IN PERSON FOR USE OF TOLL
  PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
         SECTION 2.10.  Sections 372.105(a) and (b), Transportation
  Code, are amended to read as follows:
         (a)  A toll project entity may, in lieu of mailing an invoice
  [a written notice of nonpayment], serve with an invoice [a written
  notice of nonpayment] in person an owner of a vehicle that is not
  registered in this state, including the owner of a vehicle
  registered in another state of the United States, the United
  Mexican States, a state of the United Mexican States, or another
  country or territory.  An invoice [A notice of nonpayment] may also
  be served by an employee of a governmental entity operating an
  international bridge at the time a vehicle with a record of
  nonpayment seeks to enter or leave this state.
         (b)  An invoice [Each written notice of nonpayment] issued
  under Subsection (a) must be paid not later than the due date
  specified in the invoice [shall include a warning that the failure
  to pay the amounts in the notice may result in the toll project
  entity's exercise of the habitual violator remedies under this
  subchapter].
         SECTION 2.11.  Section 541.201(13-a), Transportation Code,
  is amended to read as follows:
               (13-a)  "Police vehicle" means a vehicle used by a
  peace officer, as defined by Article 2.12, Code of Criminal
  Procedure, for law enforcement purposes that:
                     (A)  is owned or leased by a governmental entity;
                     (B)  is owned or leased by the police department
  of a private institution of higher education that commissions peace
  officers under Section 51.212, Education Code; or
                     (C)  is:
                           (i)  a private vehicle owned or leased by the
  peace officer; and
                           (ii)  approved for use for law enforcement
  purposes by the head of the law enforcement agency that employs the
  peace officer, or by that person's designee, provided that use of
  the private vehicle must, if applicable, comply with any rule
  adopted by the commissioners court of a county under Section
  170.001, Local Government Code, and that the private vehicle may
  not be considered an authorized emergency vehicle for exemption
  purposes under Section 372.072 [228.054, 284.070, 366.178, or
  370.177], Transportation Code, unless the vehicle is marked.
  ARTICLE 3.  REPEALERS
         SECTION 3.01.  The following provisions of the
  Transportation Code are repealed:
               (1)  Section 228.001(3-a);
               (2)  Sections 228.054, 228.0545, 228.0546, 228.0547,
  228.055, and 228.056;
               (3)  Sections 284.070, 284.0701, 284.0702, 284.202,
  284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208,
  284.209, 284.210, 284.211, and 284.212;
               (4)  Section 284.2031(b);
               (5)  Section 366.178;
               (6)  Section 370.177;
               (7)  Section 372.054;
               (8)  Sections 372.055, 372.056, 372.057, 372.102,
  372.106, 372.107, 372.108, 372.109, 372.110, 372.111, 372.112,
  372.113, 372.114, and 372.115;
               (9)  Sections 372.105(c), (d), (e), and (f); and
               (10)  Section 502.011.
  ARTICLE 4.  TRANSITION; EFFECTIVE DATE
         SECTION 4.01.  The changes in law made by this Act apply only
  to a toll incurred on or after the effective date of this Act.  A
  toll incurred before the effective date of this Act is governed by
  the law in effect on the date the toll was incurred, and the former
  law is continued in effect for that purpose.
         SECTION 4.02.  This Act takes effect immediately if it
  receives a vote of two-thirds of all the members elected to each
  house, as provided by Section 39, Article III, Texas Constitution.  
  If this Act does not receive the vote necessary for immediate
  effect, this Act takes effect September 1, 2023.