By: Schwertner, Kolkhorst S.B. No. 198
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, 372.056, 372.057,
and 372.058 to read as follows:
Sec. 372.054. USE OF TRANSPONDER BY ELECTRONIC TOLL
COLLECTION CUSTOMER. An electronic toll collection customer using
a transponder must:
(1) activate and mount the transponder in accordance
with the procedures provided by the toll project entity;
(2) provide to the toll project entity accurate
license plate and customer contact information; and
(3) update as necessary the information provided under
Subdivision (2).
Sec. 372.055. 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) A toll project entity shall satisfy an unpaid toll, at
the standard electronic collection rate and without the imposition
of administrative or late fees, from an active electronic toll
collection customer account discovered under Subsection (a) if:
(1) the account:
(A) corresponds to a transponder issued by the
entity; and
(B) is sufficiently funded; and
(2) the customer to whom the transponder was issued
has complied with Section 372.054.
(c) Regardless of whether an active electronic toll
collection customer account is discovered under Subsection (a), a
toll project entity may send an invoice or notice for payment to
collect an unpaid toll and related costs if:
(1) the account is insufficiently funded; or
(2) the electronic toll collection customer's failure
to comply with Section 372.054 prevents satisfaction of the unpaid
toll from the electronic toll collection customer account.
(d) If in complying with Subsection (a) a toll project
entity discovers that a transponder issued by the entity did not
work correctly more than 10 times in a 30-day period and must be
replaced, the entity shall send to the customer to whom the
transponder was issued a notice that the transponder is not working
correctly and must be replaced.
(e) A toll project entity is not required to send additional
notice to an electronic toll collection customer under Subsection
(d) if the toll project entity has sent notice to the customer under
that subsection and the customer does not replace the transponder.
Sec. 372.056. INFORMATION REQUIRED ON NOTICE OR INVOICE. A
notice or an invoice of unpaid tolls sent by a toll project entity
must clearly state that the document is a bill and the recipient is
expected to pay the amount indicated.
Sec. 372.057. METHOD OF SENDING INVOICE OR NOTICE. (a) An
invoice or notice provided to a person by a toll project entity 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.
(b) A toll project entity is not required to send an invoice
or notice as required by Subsection (a) if the entity does not have
access to the contact information provided in the electronic toll
collection customer account.
Sec. 372.058. INFORMATION SHARING AND CONTRACTS BETWEEN
TOLL PROJECT ENTITIES. (a) Notwithstanding the confidentiality
of electronic toll collection customer account information,
including confidentiality under Sections 228.057(e), 366.179(d),
370.177(m), 370.178(d), and 372.051(a), a toll project entity with
an electronic toll collection customer may provide to another toll
project entity electronic toll collection customer account
information for the purposes of Section 372.055.
(b) The provision of electronic toll collection customer
account information under Subsection (a) must ensure the
confidentiality of all account information.
(c) A contract between toll project entities for the
collection of tolls or other related purposes must:
(1) specify which entity is responsible for making the
determinations, sending notices, and taking other actions, as
applicable, under Section 372.055; and
(2) ensure that customers do not receive invoices or
incur fees or other charges from more than one entity.
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, 2019.