Texas 2011 - 82nd Regular

Texas House Bill HB1291 Compare Versions

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Old	New	Differences
1	1	82R8985 JTS-F
2	2	By: Hochberg H.B. No. 1291
3	3	Substitute the following for H.B. No. 1291:
4	4	By: Martinez C.S.H.B. No. 1291
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the payment of tolls for highway toll projects.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 372, Transportation Code, is amended by
12	12	adding Sections 372.054 and 372.055 to read as follows:
13	13	Sec. 372.054. USE OF TRANSPONDERS. (a) In this section,
14	14	"transponder" means a device, placed on or in a motor vehicle, that
15	15	is capable of transmitting information used to assess or to collect
16	16	tolls.
17	17	(b) A toll project entity shall waive any fees and penalties
18	18	for the failure to pay a toll while driving or towing a vehicle
19	19	through a toll booth or toll plaza if:
20	20	(1) a transponder registered to the vehicle and
21	21	associated with the vehicle's license plate was used when the
22	22	vehicle was driven or towed through the toll booth or plaza;
23	23	(2) the failure to collect the tolls is due solely to
24	24	transponder or toll equipment error, including failure to read a
25	25	transponder at a transponder toll plaza;
26	26	(3) the transponder was properly installed; and
27	27	(4) any transponder error was not due to damage to the
28	28	transponder caused by the vehicle owner or another person.
29	29	(c) A toll project entity that waives fees and penalties
30	30	under Subsection (b) may notify the registered owner of the vehicle
31	31	to which the transponder is registered that the transponder must be
32	32	replaced and is not required to waive subsequent fees and penalties
33	33	for tolls not paid after the owner has been given a reasonable
34	34	opportunity to replace the transponder.
35	35	(d) Subsection (b) does not relieve the registered owner of
36	36	liability for payment of the toll.
37	37	(e) A toll project entity shall waive any fees and penalties
38	38	for driving or towing a vehicle through a toll booth or toll plaza
39	39	while using a transponder on or in a motor vehicle to which the
40	40	transponder was not registered if:
41	41	(1) the tolls are collected successfully by
42	42	transponder; and
43	43	(2) the vehicle is of the same toll classification as
44	44	the vehicle to which the transponder was registered.
45	45	Sec. 372.055. WAIVER FOR FAILURE TO PAY TOLL. (a) A toll
46	46	project entity shall adopt a rule or order, as applicable, waiving
47	47	penalties and fees associated with a failure to pay a toll while
48	48	driving through a toll booth or toll plaza if:
49	49	(1) the toll booth or toll plaza at which the vehicle
50	50	operator failed to pay the toll allowed for payment only through the
51	51	use of a transponder and toll payment by mail is not a payment
52	52	option; and
53	53	(2) the registered owner had not previously failed to
54	54	pay a toll of the toll project entity during a period specified in
55	55	the rule or order.
56	56	(b) A toll project entity is not required to waive penalties
57	57	and fees under Subsection (a) if the registered owner subsequently
58	58	fails to pay a toll of the toll project entity during a period
59	59	specified in the rule or order.
60	60	(c) Subsection (a) does not relieve the registered owner of
61	61	liability for payment of the toll.
62	62	SECTION 2. This Act takes effect September 1, 2011.