81R11023 JTS-D
By: Phillips H.B. No. 4520
A BILL TO BE ENTITLED
AN ACT
relating to administrative fees for nonpayment of a toll.
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.
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. PROHIBITION AGAINST CHARGING VEHICLE LESSOR
ADMINISTRATIVE FEE. A toll project entity may not charge a
registered owner an administrative fee or cost for the nonpayment
of a toll, including an administrative fee or cost under Section
228.055, 284.0701, 366.178, or 370.177, if the registered owner is
a lessor of the vehicle.
SECTION 2. Section 372.053, Transportation Code, as added
by this Act, applies only to the nonpayment of a toll that occurs on
or after September 1, 2009.
SECTION 3. This Act takes effect September 1, 2009.