By: Hochberg H.B. No. 1291
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 372, Transportation Code, is amended by
adding Sections 372.054 and 372.055 to read as follows:
Sec. 372.054. USE OF TRANSPONDERS. (a) In this section,
"Transponder" means a device, placed on or in a motor vehicle, that
is capable of transmitting information used to assess or to collect
tolls.
(b) A toll project entity shall waive any fees and penalties
for the failure to pay a toll while driving or towing a vehicle
through a toll booth or toll plaza if:
(1) a transponder registered to the vehicle and
associated with the vehicle's license plate was used when the
vehicle was driven or towed through the toll booth or plaza;
(2) the failure to collect the tolls is due solely to
transponder or toll equipment error, including failure to read a
transponder at a transponder toll plaza;
(3) the transponder was properly installed; and
(4) the transponder was not damaged by the person to
the extent that it could not collect the tolls.
(c) A toll project entity that waives fees and penalties
under Subsection (b) may notify the registered owner of the vehicle
to which the transponder is registered that the transponder must be
replaced, and is not required to waive subsequent fees and
penalties for tolls not paid after the owner has been given a
reasonable opportunity to replace the transponder.
(d) Subsection (b) does not relieve the registered owner of
liability for payment of the toll.
(e) A toll project entity shall waive any fees and penalties
for driving or towing a vehicle through a toll booth or toll plaza
while using a transponder on or in a motor vehicle to which the
transponder was not previously registered if:
(1) the tolls incurred by the person are collected
successfully by transponder; and
(2) the vehicle is of the same toll classification as
the vehicle to which the transponder was registered.
Sec. 372.055. WAIVER FOR FAILURE TO PAY TOLL. (a) A toll
project entity shall adopt a rule or order, as applicable, waiving
penalties and fees associated with a registered owner's first
failure to pay the toll while driving through a toll booth or toll
plaza if:
(1) the toll booth or toll plaza at which the
registered owner or authorized vehicle operator failed to pay the
toll allowed for payment only through the use of a transponder,
where toll payment by mail is a not a payment option; and
(2) the registered owner had not previously failed to
pay a toll of the toll project entity during a time period specified
in the rule or order.
(b) A toll project entity is not required to waive penalties
and fees under Subsection (a) if the registered owner subsequently
fails to pay the toll of the toll project entity during a time
period specified in the rule or order.
(c) Subsection (a) does not relieve the registered owner of
liability for payment of the toll.
SECTION 2. This Act takes effect September 1, 2011.