By: Hochberg H.B. No. 1910
A BILL TO BE ENTITLED
AN ACT
relating to the operation of toll projects.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 371, Transportation Code, as added by
Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted, redesignated as
Chapter 372, Transportation Code, and amended to read as follows:
CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
TOLL PROJECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
(A) the department under Chapter 227 or 228;
(B) a regional tollway authority under Chapter
366;
(C) a regional mobility authority under Chapter
370; or
(D) a county under Chapter 284.
(3) "Transponder" means a device, placed on or in a
motor vehicle, that is capable of transmitting information used to
assess or to collect tolls.
SUBCHAPTER B. TOLL PROJECT OPERATION
Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
use motor vehicle registration or other information derived from a
license plate on a vehicle using a toll project, including
information obtained by the use of automated enforcement technology
described by Section 228.058, for purposes other than those related
to:
(1) toll collection and toll collection enforcement;
and
(2) law enforcement purposes on request by a law
enforcement agency [, subject to Section 228.058(d)].
(b) If a toll project entity enters into an agreement with
an entity in another state that involves the exchange of motor
vehicle registration or license plate information for toll
collection or toll collection enforcement purposes, the agreement
must provide that the information may not be used for purposes other
than those described in Subsection (a).
Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT DISASTER
RELIEF ORGANIZATIONS. [(a) In this section:
[(1) "Toll project" means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
[(A) a part of the state highway system; or
[(B) subject to the jurisdiction of the
department.
[(2) "Toll project entity" means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
[(A) the department under Chapter 227 or 228;
[(B) a regional tollway authority under Chapter
366;
[(C) a regional mobility authority under Chapter
370; or
[(D) a county under Chapter 284.
[(b)] A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
Sec. 372.053. TOLL PROJECT SIGN REQUIREMENTS. (a) A toll
project entity shall display a sign or signs on each segment of a
toll project or nontolled highway that is located immediately
before the beginning of the imposition of:
(1) a toll or a different toll rate; or
(2) a toll payment restriction, including a
requirement of cash-only payment or transponder-only payment.
(b) The signs required by Subsection (a) must:
(1) contain the rate of toll for passenger cars for the
upcoming segment, including:
(A) the rate of toll for passenger cars at the
next main-lane toll plaza; and
(B) the average charge per mile for a passenger
car for the distance to the second closest main-lane toll plaza;
(2) be located:
(A) before the last exit before the imposition of
the toll, the different toll rate, or the payment restriction
begins; and
(B) so that a motor vehicle operator may safely
decide whether to enter the segment; and
(3) contain information regarding the location of the
last exit before the imposition of the toll, the different toll
rate, or the payment restriction begins.
Sec. 372.054. OFFENSES FOR FAILURE TO PAY TOLL: EXCEPTION
AND LIMITATION ON ADMINISTRATIVE FEE. (a) It is an exception to
the application of any provision establishing an offense for the
failure or refusal to pay a toll for the use of a toll project,
including Section 228.054, 284.070, 366.178, or 370.177, that:
(1) the person had not previously failed or refused to
pay a toll of the toll project entity during:
(A) the previous 12 months; or
(B) a shorter time period as prescribed by rule
or order of the entity, as applicable; and
(2) the person refused or failed to pay the toll while
driving through a toll booth that allowed for payment only through
the use of a transponder.
(b) The exception under Subsection (a) does not relieve the
person of liability for payment of the toll.
(c) A toll project entity may not charge a person to whom the
exception under Subsection (a) applies an administrative fee in an
amount greater than $1 for the collection of the toll.
Sec. 372.055. USE OF TRANSPONDERS. A toll project entity may
not penalize a driver for using a transponder on or in a motor
vehicle to which the transponder was not previously registered,
unless the vehicle is of a different toll classification.
SECTION 2. The change in law made by Section 372.054,
Transportation Code, as added by this Act, applies only to an
offense committed on or after the effective date of this Act. An
offense committed before the effective date of this Act is governed
by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this
section, an offense was committed before the effective date of this
Act if any element of the offense was committed before that date.
SECTION 3. This Act takes effect September 1, 2009.