Texas 2019 - 86th Regular

Texas Senate Bill SB382 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R3446 AAF-D
2	2	By: Hall S.B. No. 382
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to toll collections and enforcement by a toll project
8	8	entity.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 284.209, Transportation Code, is amended
11	11	to read as follows:
12	12	Sec. 284.209. ENFORCEMENT OF DECISION. A decision issued
13	13	under Section 284.208(a) may be enforced by:
14	14	(1) placing a device that prohibits movement of a
15	15	motor vehicle on the vehicle that is the subject of the decision; or
16	16	(2) imposing an additional fine if the fine for the
17	17	offense is not paid within a specified time[; or
18	18	[(3) refusing to allow the registration of the
19	19	vehicle].
20	20	SECTION 2. Section 366.038(h), Transportation Code, is
21	21	amended to read as follows:
22	22	(h) For purposes of Subchapter C, Chapter 372, a toll
23	23	project for which an authority provides tolling services under a
24	24	tolling services agreement is considered a toll project of the
25	25	authority and the authority is considered the toll project entity
26	26	with respect to all rights and remedies arising under that
27	27	subchapter regarding the toll project. The authority may not stop
28	28	[, detain, or impound] a motor vehicle as authorized under that
29	29	subchapter on a toll project's active traffic lanes unless a
30	30	tolling service agreement addresses that action.
31	31	SECTION 3. Subchapter B, Chapter 372, Transportation Code,
32	32	is amended by adding Sections 372.054 and 372.055 to read as
33	33	follows:
34	34	Sec. 372.054. INITIAL TOLL INVOICE SENT BY MAIL OR
35	35	ELECTRONIC MEANS. (a) This section applies only to a toll project
36	36	entity that, as an alternative to requiring payment of a toll at the
37	37	time a vehicle is driven or towed through a toll assessment
38	38	facility, uses video recordings, photography, electronic data,
39	39	transponders, or other tolling methods to permit the registered
40	40	owner of a nonpaying vehicle to pay the toll at a later date.
41	41	(b) A toll project entity that sends by first class mail or
42	42	electronic means to the registered owner of a vehicle an initial
43	43	invoice containing an assessment for use of a toll project by the
44	44	vehicle may not assess an additional fee other than a postage fee to
45	45	the amount owed by the owner of the vehicle.
46	46	Sec. 372.055. NOTICE OF RETURNED PAYMENT. A toll project
47	47	entity must immediately notify the holder of an electronic toll
48	48	collection customer account that a payment by the credit card or
49	49	debit card associated with the account was declined or could not
50	50	otherwise be processed.
51	51	SECTION 4. Section 372.109(b), Transportation Code, is
52	52	amended to read as follows:
53	53	(b) When a determination terminates, the toll project
54	54	entity shall, not later than the seventh day after the date of the
55	55	termination, send notice of the termination[:
56	56	[(1)] to the person who is the subject of the
57	57	determination at an address under Section 372.106(b)[; and
58	58	[(2) if the toll project entity provided notice to a
59	59	county assessor-collector or the Texas Department of Motor Vehicles
60	60	under Section 502.011, to that county assessor-collector or that
61	61	department, as appropriate].
62	62	SECTION 5. Sections 284.070(c), 372.111, 372.112, and
63	63	502.011, Transportation Code, are repealed.
64	64	SECTION 6. This Act takes effect September 1, 2019.