By: Schwertner, et al. S.B. No. 1437
(Burkett)
A BILL TO BE ENTITLED
AN ACT
relating to payment for the use of a highway toll project.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 228.057, Transportation Code, is amended
by adding Subsection (i) to read as follows:
(i) The department shall provide electronic toll collection
customers with an option to authorize automatic payment of tolls
through the withdrawal of funds from the customer's bank account.
SECTION 2. Subchapter B, Chapter 372, Transportation Code,
is amended by adding Sections 372.054, 372.055, and 372.056 to read
as follows:
Sec. 372.054. DETERMINATION OF ELECTRONIC TOLL COLLECTION
CUSTOMER ACCOUNT BEFORE PAYMENT SOLICITATION. (a) A toll project
entity may not send an invoice or a notice of unpaid tolls to the
registered owner of a vehicle soliciting payment of a toll or any
related administrative fee unless the entity first determines
whether there is an active electronic toll collection customer
account that corresponds to a transponder issued for the vehicle.
(b) If a toll project entity determines under Subsection (a)
that there is a sufficiently funded electronic toll collection
customer account that corresponds to a transponder issued for the
vehicle, the entity must:
(1) satisfy the outstanding toll from the account at
the standard electronic collection rate and may not collect any
administrative fees or late fees; and
(2) if the entity determines that a transponder issued
to an electronic toll collection customer did not work correctly
more than 10 times in a 30-day period, send to the customer a notice
informing the customer that the transponder issued for the
customer's vehicle may not be working correctly.
Sec. 372.055. INFORMATION REQUIRED ON NOTICE OR INVOICE. A
notice or an invoice of unpaid tolls sent by a toll project entity
under Section 372.054 or any other section must clearly state that
the document is a bill and the recipient is expected to pay the
amount indicated.
Sec. 372.056. METHOD OF SENDING INVOICE OR NOTICE. An
invoice or notice provided to a person by a toll project entity
under this subchapter may be provided by:
(1) first class mail; or
(2) e-mail if the person has provided an e-mail
address to the entity and has elected to receive notice
electronically.
SECTION 3. The change in law made by this Act applies only
to the collection of a toll incurred on or after the effective date
of this Act. The collection of a toll incurred before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 4. This Act takes effect September 1, 2017.