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