Bill Text: TX HB4580 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to toll collection and enforcement by toll project entities; authorizing an administrative fee; imposing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-03 - Referred directly to subcommittee by chair [HB4580 Detail]
Download: Texas-2019-HB4580-Introduced.html
86R13502 AAF-D | ||
By: Hefner | H.B. No. 4580 |
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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. | ||
ARTICLE 2. CONFORMING CHANGES | ||
SECTION 2.01. Section 102.0213, Government Code, is amended | ||
to read as follows: | ||
Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION | ||
CODE. A person convicted of an offense shall pay the following | ||
under the Transportation Code, in addition to all other costs: | ||
(1) court cost on conviction of a misdemeanor under | ||
Subtitle C, Title 7, Transportation Code (Sec. 542.403, | ||
Transportation Code) . . . $3; | ||
(2) cost for impoundment of vehicle (Sec. 601.263, | ||
Transportation Code) . . . $15 per day; and | ||
(3) a civil [ |
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finding of liability for a civil penalty in connection with an | ||
assessed [ |
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Transportation Code) . . . $1. | ||
SECTION 2.02. Section 228.059, Transportation Code, is | ||
amended to read as follows: | ||
Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER | ||
ENTITY. An entity operating a toll lane pursuant to Section | ||
228.007(b) 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. The entity may use | ||
revenues for improvement, extension, expansion, or maintenance of | ||
the toll lane. | ||
SECTION 2.03. The heading to Subchapter D, Chapter 284, | ||
Transportation Code, is amended to read as follows: | ||
SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS | ||
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SECTION 2.04. The heading to Section 284.2031, | ||
Transportation Code, is amended to read as follows: | ||
Sec. 284.2031. CIVIL [ |
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SECTION 2.05. Section 284.2031(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) A county may impose, in addition to other costs, $1 as a | ||
court cost on the imposition of a civil penalty [ |
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attorney. | ||
SECTION 2.06. 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 | ||
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subchapter on a toll project's active traffic lanes unless a | ||
tolling service agreement addresses that action. | ||
SECTION 2.07. 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 2.08. 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 2.09. 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[ |
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SECTION 2.10. 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 [ |
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SECTION 2.11. 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 | ||
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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 [ |
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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 [ |
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under Subsection (a) must be paid not later than the due date | ||
specified in the invoice [ |
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SECTION 2.12. 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 [ |
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ARTICLE 3. REPEALERS | ||
SECTION 3.01. The following provisions of the | ||
Transportation Code are repealed: | ||
(1) Sections 228.001(3-a), 228.054, 228.0545, | ||
228.0546, 228.0547, 228.055, and 228.056; | ||
(2) Sections 284.070, 284.0701, 284.0702, 284.202, | ||
284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206, | ||
284.207, 284.208, 284.209, 284.210, 284.211, and 284.212; | ||
(3) Section 366.178; | ||
(4) Section 370.177; | ||
(5) Sections 372.105(c), (d), (e), and (f); | ||
(6) Sections 372.102, 372.106, 372.107, 372.108, | ||
372.109, 372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; | ||
and | ||
(7) 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 September 1, 2019. |