86R26410 JRR-D
By: Krause, Metcalf, et al. H.B. No. 1951
Substitute the following for H.B. No. 1951:
By: Leman C.S.H.B. No. 1951
A BILL TO BE ENTITLED
AN ACT
relating to the development, construction, and operation of toll
projects; authorizing an administrative fee; imposing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. COMPREHENSIVE DEVELOPMENT AGREEMENTS FOR CERTAIN TOLL
PROJECTS
SECTION 1.01. Subchapter E, Chapter 223, Transportation
Code, is amended by adding Sections 223.2014 and 223.2015 to read as
follows:
Sec. 223.2014. COMPREHENSIVE DEVELOPMENT AGREEMENTS WITH
PRIVATE ENTITY FOR TOLL PROJECT. (a) The department may enter into
a comprehensive development agreement with a private entity for a
project described by Section 223.201(a)(1) or (2) if:
(1) the estimated capital costs for construction of
the project exceed $1 billion;
(2) the department demonstrates that state funding for
the project is not available without significant reprioritization
of existing funds that are designated for other highway improvement
projects; and
(3) the construction of the project does not require
the use of money in the state highway fund.
(b) The department may enter into not more than two
comprehensive development agreements under this section during
each fiscal year.
Sec. 223.2015. VOTER APPROVAL OF CERTAIN PROJECTS REQUIRED;
ELECTION. (a) This section applies only to a project that is the
subject of a comprehensive development agreement under Section
223.2014.
(b) Notwithstanding any other law, the department or a
private entity may not construct or operate a project described by
Subsection (a) unless the project is approved by a majority of
voters voting:
(1) in all counties in which a portion of the project
is to be located at an election held for that purpose, subject to
Subdivision (2); or
(2) in each county in which a portion of the project is
to be located at an election held for that purpose, if the project
is to be located in:
(A) at least one county that has a population of
500,000 or more; and
(B) at least one county that has a population of
not more than 50,000.
(c) On request of the department, the commissioners court of
each county in which a portion of a project described by Subsection
(a) is to be located shall order an election under this section,
provided that the election may not be ordered until the scope of the
project has been finalized, including:
(1) the route of the project;
(2) the number of lanes of the project or, if the
project is an improvement, extension, or expansion of an existing
highway, the number of new or modified lanes;
(3) the number of tolled lanes added by the project;
and
(4) the method of financing for the project.
(d) An election under this section must be held on the first
November uniform election date that allows sufficient time to
comply with other requirements of law.
(e) The ballot at an election held under this section must
state specific information about the project, including:
(1) the information described by Subsections
(c)(1)-(4); and
(2) for each tolled lane added by the project, whether
the toll charged will be at a variable or static toll rate.
(f) The department shall contract with each county in which
a portion of the project is to be located in a manner prescribed by
Subchapter D, Chapter 31, Election Code.
(g) At an election under this section, the ballot must be
printed to provide for voting for or against the approval of the
project.
(h) An election under this section may not be held earlier
than the fifth anniversary of the date of a previous election to
approve the same or a substantially similar project, provided that
an election under this section may be held for a different project
regardless of whether the project involves the same private entity
or some or all of the counties involved in a previous election held
under this section.
ARTICLE 2. PAYMENT OF TOLLS
SECTION 2.01. Chapter 372, Transportation Code, is amended
by adding Subchapter B-1 to read as follows:
SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
Sec. 372.071. DEFINITION. In this subchapter, "registered
owner" means an owner as defined by Section 502.001.
Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
EXEMPT. (a) The operator of a vehicle, other than an authorized
emergency vehicle as defined by Section 541.201, that is driven or
towed through a toll collection facility of a toll project shall pay
the proper toll. The exemption from payment of a toll for an
authorized emergency vehicle applies regardless of whether the
vehicle is:
(1) responding to an emergency;
(2) displaying a flashing light; or
(3) marked as an emergency vehicle.
(b) Notwithstanding Subsection (a), a toll project entity
may waive the requirement of the payment of a toll or may authorize
the payment of a reduced toll for any vehicle or class of vehicles.
Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As
an alternative to requiring payment of a toll at the time a vehicle
is driven or towed through a toll collection facility, a toll
project entity shall use video billing or other tolling methods to
permit the registered owner of the vehicle to pay the toll at a
later date.
(b) A toll project entity may use automated enforcement
technology, including video recordings, photography, electronic
data, and transponders, or other tolling methods to identify the
registered owner of the vehicle for purposes of billing,
collection, and enforcement activities.
(c) A toll project entity shall send by first class mail to
the registered owner of a vehicle a written invoice containing an
assessment for tolls incurred by the vehicle.
(d) A toll project entity shall send the invoice required
under Subsection (c) and related communications to:
(1) the registered owner's address as shown in the
vehicle registration records of the Texas Department of Motor
Vehicles or the analogous department or agency of another state or
country; or
(2) an alternate address provided by the owner or
derived through other reliable means.
(e) A toll project entity may provide that the invoice
required under Subsection (c), instead of being sent by first class
mail, be sent as an electronic record to a registered owner that
agrees to the terms of the electronic record transmission of the
information.
Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
invoice containing an assessment for the use of a toll project must:
(1) require payment not later than the 30th day after
the date the invoice is mailed; and
(2) conspicuously state:
(A) the amount due;
(B) the date by which the amount due must be paid;
(C) that failure to pay the amount due in the
required period will result in the assessment of an administrative
fee; and
(D) that failure to pay two or more invoices will
result in a civil penalty.
Sec. 372.075. PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.
(a) A person who receives an invoice under this subchapter for the
use of a toll project shall, not later than the due date specified
in the invoice:
(1) pay the amount owed as stated in the invoice; or
(2) send a written request to the toll project entity
for a review of the toll assessments contained in the invoice.
(b) If a person fails to comply with Subsection (a), a toll
project entity may add an administrative fee, not to exceed $6, to
the amount the person owes. The toll project entity:
(1) must set the administrative fee by rule in an
amount that does not exceed the cost of collecting the toll; and
(2) may not charge a person more than $48 in
administrative fees in a 12-month period.
(c) A toll project entity other than a county under Chapter
284 may contract, in accordance with Section 2107.003, Government
Code, with a person to collect the unpaid toll and any applicable
administrative fee before referring the matter to a court with
jurisdiction over a civil penalty under Section 372.076.
Sec. 372.076. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
INVOICES. (a) A person who receives two or more invoices for
unpaid tolls and who has not paid the amounts due on or before the
due dates specified in the invoices is subject to a civil penalty of
$25. Only one civil penalty may be assessed in a six-month period.
An appropriate district or county attorney may sue to collect the
civil penalty and the underlying toll and administrative fee.
(b) In determining liability for a civil penalty under this
section, it is presumed that the unpaid invoices were received on
the fifth day after the date of mailing.
(c) It is a defense to liability for a civil penalty under
this section that the person:
(1) is not liable for payment of each toll assessed in
the unpaid invoices; or
(2) paid the amount owed in the invoices pertaining to
each toll assessed in the invoices that the person is liable for.
(d) The court in which a person is found liable for a civil
penalty under Subsection (a) shall collect the civil penalty,
unpaid tolls, administrative fees, and any additional court costs
and forward the amounts to the appropriate toll project entity.
Sec. 372.077. EXCEPTIONS TO TOLL LIABILITY: LEASED,
TRANSFERRED, OR STOLEN VEHICLE. (a) It is an exception to
liability of a vehicle's registered owner for a toll incurred by the
vehicle if the registered owner of the vehicle is a lessor of the
vehicle and not later than the 30th day after the date the invoice
containing an assessment of the toll is mailed provides to the
appropriate toll project entity:
(1) a copy of the rental, lease, or other contract
document covering the vehicle on the date the toll was incurred,
with the name and address of the lessee clearly legible; or
(2) electronic data, in a format agreed on by the toll
project entity and the lessor, other than a photocopy or scan of a
rental or lease contract, that contains the information required
under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
the date the toll was incurred.
(b) If the lessor provides the required information within
the period prescribed under Subsection (a), the toll project entity
may send an invoice to the lessee at the address provided under
Subsection (a) by first class mail not later than the 30th day after
the date of receipt of the required information from the lessor.
(c) It is an exception to liability of a vehicle's
registered owner for a toll incurred by the vehicle if the
registered owner of the vehicle:
(1) transferred ownership of the vehicle to another
person before the toll was incurred;
(2) submitted written notice of the transfer to the
Texas Department of Motor Vehicles in accordance with Section
501.147; and
(3) not later than the 30th day after the date the
invoice is mailed, provides to the appropriate toll project entity
the name and address of the person to whom the vehicle was
transferred.
(d) If the former owner of the vehicle provides the required
information within the period prescribed under Subsection (c), the
toll project entity may send an invoice to the person to whom
ownership of the vehicle was transferred at the address provided by
the former owner by first class mail not later than the 30th day
after the date of receipt of the required information from the
former owner.
(e) It is an exception to liability of a vehicle's
registered owner for a toll incurred by the vehicle if:
(1) the vehicle in question was stolen before the toll
was incurred and was not recovered by the time the toll was
incurred; and
(2) the theft was reported to the appropriate law
enforcement authority before the earlier of:
(A) the time the toll was incurred; or
(B) eight hours after the discovery of the theft.
Sec. 372.078. PRESUMPTION. Proof that a vehicle passed
through a toll collection facility without payment of the proper
toll, together with proof that the invoice recipient was the
registered owner or the driver of the vehicle when the toll was
incurred, creates a presumption that the invoice recipient is
liable for the toll incurred by the vehicle. The proof may be by a
written statement of a peace officer or toll project entity
employee, video surveillance, or any other reasonable evidence,
including:
(1) evidence obtained by automated enforcement
technology that the toll project entity determines is necessary,
including automated enforcement technology described by Section
372.073(b); or
(2) a copy of the rental, lease, or other contract
document or the electronic data provided to the toll project entity
under Section 372.077(a) that shows that the invoice recipient was
the lessee of the vehicle when the toll was incurred.
Sec. 372.079. CONFIDENTIALITY OF INFORMATION RELATED TO
TOLL COLLECTION AND ENFORCEMENT. Information collected for the
purposes of this subchapter, including contact, payment, and other
account information and trip data, is confidential and not subject
to disclosure under Chapter 552, Government Code.
ARTICLE 3. CONFORMING CHANGES
SECTION 3.01. Section 102.0213, Government Code, is amended
to read as follows:
Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION
CODE. A person convicted of an offense shall pay the following
under the Transportation Code, in addition to all other costs:
(1) court cost on conviction of a misdemeanor under
Subtitle C, Title 7, Transportation Code (Sec. 542.403,
Transportation Code) . . . $3;
(2) cost for impoundment of vehicle (Sec. 601.263,
Transportation Code) . . . $15 per day; and
(3) a civil [and criminal] enforcement cost on a
finding of liability for a civil penalty in connection with an
assessed [conviction of an offense of, or related to, the
nonpayment of a] toll in certain counties (Sec. 284.2031,
Transportation Code) . . . $1.
SECTION 3.02. Section 223.201(b), Transportation Code, is
transferred to Subchapter E, Chapter 223, Transportation Code,
redesignated as Section 223.2001, Transportation Code, and amended
to read as follows:
Sec. 223.2001. DEFINITION. [(b)] In this subchapter,
"comprehensive development agreement" means an agreement that, at a
minimum, provides for the design and construction, reconstruction,
rehabilitation, expansion, or improvement of a project described in
Section 223.201(a) [Subsection (a)] and may also provide for the
financing, acquisition, maintenance, or operation of a project
described in that section [Subsection (a)].
SECTION 3.03. Subchapter E, Chapter 223, Transportation
Code, is amended by adding Section 223.2002 to read as follows:
Sec. 223.2002. LIMITATION. The department may enter into a
comprehensive development agreement only:
(1) for projects authorized under this subchapter; or
(2) as provided by Subchapter F.
SECTION 3.04. Sections 223.201(f) and (g), Transportation
Code, are amended to read as follows:
(f) The department may enter into a comprehensive
development agreement [only] for all or part of[:
[(1)] the State Highway 99 (Grand Parkway) project[;
[(2) the Interstate Highway 35E managed lanes project
in Dallas and Denton Counties from Interstate Highway 635 to U.S.
Highway 380;
[(3) the Interstate Highway 35W project in Tarrant
County from Interstate Highway 30 to State Highway 114;
[(4) the State Highway 183 managed lanes project in
Tarrant and Dallas Counties from State Highway 121 to Interstate
Highway 35E;
[(5) the Interstate Highway 35E/U.S. Highway 67
Southern Gateway project in Dallas County, including:
[(A) Interstate Highway 35E from 8th Street to
Interstate Highway 20; and
[(B) U.S. Highway 67 from Interstate Highway 35E
to Farm-to-Market Road 1382 (Belt Line Road);
[(6) the State Highway 288 project from U.S. Highway
59 to south of State Highway 6 in Brazoria County and Harris County;
[(7) the U.S. Highway 290 managed lanes project in
Harris County from Interstate Highway 610 to State Highway 99;
[(8) the Interstate Highway 820 project from State
Highway 183 to Randol Mill Road;
[(9) the State Highway 114 project in Dallas County
from State Highway 121 to State Highway 183;
[(10) the Loop 12 project in Dallas County from State
Highway 183 to Interstate Highway 35E;
[(11) the Loop 9 project in Dallas and Ellis Counties
from Interstate Highway 20 to U.S. Highway 67; and
[(12) the U.S. Highway 181 Harbor Bridge project in
Nueces County between U.S. Highway 181 at Beach Avenue and
Interstate Highway 37].
(g) The department may combine in a comprehensive
development agreement under this subchapter:
(1) a toll project and a rail facility as defined by
Section 91.001; or
(2) two or more projects for which the department is
authorized under this subchapter to enter into a comprehensive
development agreement [described by Subsection (f)].
SECTION 3.05. Section 223.2012(a), Transportation Code, is
amended to read as follows:
(a) In this section, the North Tarrant Express project is
the project on Interstate Highway 35W in Tarrant County from
Interstate Highway 30 to State Highway 114 that was [described by
Section 223.201(f)(3)] entered into on June 23, 2009.
SECTION 3.06. Section 228.059, Transportation Code, is
amended to read as follows:
Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
ENTITY. An entity operating a toll lane pursuant to Section
228.007(b) has, with regard to toll collection and enforcement for
that toll lane, the same powers and duties as the department under
this chapter and Subchapter B-1, Chapter 372. The entity may use
revenues for improvement, extension, expansion, or maintenance of
the toll lane.
SECTION 3.07. Section 228.104(a), Transportation Code, is
amended to read as follows:
(a) The principal of, interest on, and any redemption
premium on bonds issued by the commission under this subchapter are
payable solely from:
(1) the revenue of the toll project or system for which
the bonds are issued, including tolls pledged to pay the bonds;
(2) the proceeds of bonds issued for the project or
system;
(3) the amounts deposited in a debt service reserve
fund as required by the trust agreement securing bonds issued for
the project or system;
(4) amounts received under a credit agreement relating
to the project or system for which the bonds are issued;
(5) surplus revenue of another project or system as
authorized by Section 228.006; and
(6) amounts received by the department:
(A) as pass-through tolls under Section 222.104;
(B) under an agreement with a local governmental
entity entered into under Section 228.254;
(C) under other agreements with a local
governmental entity relating to the project or system for which the
bonds are issued; and
(D) under a comprehensive development agreement
entered into under Subchapter E, Chapter 223 [Section 223.201].
SECTION 3.08. The heading to Subchapter D, Chapter 284,
Transportation Code, is amended to read as follows:
SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
SECTION 3.09. The heading to Section 284.2031,
Transportation Code, is amended to read as follows:
Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT COST.
SECTION 3.10. Section 284.2031(a), Transportation Code, is
amended to read as follows:
(a) A county may impose, in addition to other costs, $1 as a
court cost on the imposition of a civil penalty [conviction to a
defendant convicted of an offense] under Section 372.076 [284.070,
284.0701, or 284.203] in an action brought by the county or district
attorney.
SECTION 3.11. Subchapter E, Chapter 366, Transportation
Code, is amended by adding Section 366.186 to read as follows:
Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL
COLLECTION AND ENFORCEMENT. In addition to the other powers and
duties provided by this chapter and Chapter 372, an authority has
the same powers and duties as the department under Chapter 228, a
county under Chapter 284, and a regional mobility authority under
Chapter 370 regarding the authority's toll collection and
enforcement powers for:
(1) the authority's turnpike projects; and
(2) other toll projects developed, financed,
constructed, or operated under an agreement, including a
comprehensive development agreement, with the authority.
SECTION 3.12. Subchapter E, Chapter 370, Transportation
Code, is amended by adding Section 370.194 to read as follows:
Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL
COLLECTION AND ENFORCEMENT. In addition to the other powers and
duties provided by this chapter and Chapter 372, an authority has
the same powers and duties as the department under Chapter 228, a
county under Chapter 284, and a regional tollway authority under
Chapter 366 regarding the authority's toll collection and
enforcement powers for:
(1) the authority's turnpike projects; and
(2) other toll projects developed, financed,
constructed, or operated under an agreement with the authority or
another entity.
SECTION 3.13. The heading to Subchapter C, Chapter 372,
Transportation Code, is amended to read as follows:
SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF
TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES]
SECTION 3.14. Section 372.102(a), Transportation Code, is
amended to read as follows:
(a) Notwithstanding the confidentiality of electronic toll
collection customer account information, including confidentiality
under Sections 228.057(e), [366.178(b-1),] 366.179(d),
[370.177(m), and] 370.178(d), and 372.079, a toll project entity
may publish a list of the names of the registered owners or lessees
of nonpaying vehicles who at the time of publication are liable for
the payment of past due and unpaid tolls or administrative fees.
The list may include only the persons' names and, for each person
listed:
(1) the city and state of the person's residence;
(2) the total number of events of nonpayment; and
(3) the total amount due for the tolls and
administrative fees.
SECTION 3.15. The heading to Section 372.105,
Transportation Code, is amended to read as follows:
Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
SECTION 3.16. Sections 372.105(a) and (b), Transportation
Code, are amended to read as follows:
(a) A toll project entity may, in lieu of mailing an invoice
[a written notice of nonpayment], serve with an invoice [a written
notice of nonpayment] in person an owner of a vehicle that is not
registered in this state, including the owner of a vehicle
registered in another state of the United States, the United
Mexican States, a state of the United Mexican States, or another
country or territory. An invoice [A notice of nonpayment] may also
be served by an employee of a governmental entity operating an
international bridge at the time a vehicle with a record of
nonpayment seeks to enter or leave this state.
(b) An invoice [Each written notice of nonpayment] issued
under Subsection (a) must be paid not later than the due date
specified in the invoice [shall include a warning that the failure
to pay the amounts in the notice may result in the toll project
entity's exercise of the habitual violator remedies under this
subchapter].
SECTION 3.17. Section 541.201(13-a), Transportation Code,
is amended to read as follows:
(13-a) "Police vehicle" means a vehicle used by a
peace officer, as defined by Article 2.12, Code of Criminal
Procedure, for law enforcement purposes that:
(A) is owned or leased by a governmental entity;
(B) is owned or leased by the police department
of a private institution of higher education that commissions peace
officers under Section 51.212, Education Code; or
(C) is:
(i) a private vehicle owned or leased by the
peace officer; and
(ii) approved for use for law enforcement
purposes by the head of the law enforcement agency that employs the
peace officer, or by that person's designee, provided that use of
the private vehicle must, if applicable, comply with any rule
adopted by the commissioners court of a county under Section
170.001, Local Government Code, and that the private vehicle may
not be considered an authorized emergency vehicle for exemption
purposes under Section 372.072 [228.054, 284.070, 366.178, or
370.177], Transportation Code, unless the vehicle is marked.
ARTICLE 4. REPEALERS
SECTION 4.01. The following provisions of the
Transportation Code are repealed:
(1) Sections 223.201(i), (j), (k), (l), and (m);
(2) Section 223.2011;
(3) Sections 228.001(3-a), 228.054, 228.0545,
228.0546, 228.0547, 228.055, and 228.056;
(4) Sections 284.070, 284.0701, 284.0702, 284.202,
284.203, 284.2031(b), 284.2032, 284.204, 284.205, 284.206,
284.207, 284.208, 284.209, 284.210, 284.211, and 284.212;
(5) Section 366.178;
(6) Section 370.177;
(7) Sections 372.105(c), (d), (e), and (f);
(8) Sections 372.106, 372.107, 372.108, 372.109,
372.110, 372.111, 372.112, 372.113, 372.114, and 372.115; and
(9) Section 502.011.
ARTICLE 5. TRANSITION; EFFECTIVE DATE
SECTION 5.01. The changes in law made by this Act regarding
the collection of tolls apply only to a toll incurred on or after
the effective date of this Act. A toll incurred before the
effective date of this Act is governed by the law in effect on the
date the toll was incurred, and the former law is continued in
effect for that purpose.
SECTION 5.02. This Act takes effect September 1, 2019.