87R9273 CXP-D
By: Cain H.B. No. 3314
A BILL TO BE ENTITLED
AN ACT
relating to toll collection and enforcement by toll project
entities; authorizing an administrative fee; imposing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. PAYMENT OF TOLLS
SECTION 1.01. 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.
(f) A toll project entity that sends an initial invoice
required under Subsection (c) may not assess an additional fee
other than a postage fee to the amount owed by the owner of the
vehicle.
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 unpaid tolls and any applicable
administrative fees from a person who has failed to pay at least six
consecutive months of unpaid tolls before referring the matter to a
court with jurisdiction over a civil penalty under Section 372.078.
(d) A toll project entity may not collect unpaid tolls and
administrative fees through an administrative adjudication hearing
conducted by the toll project entity or a person who contracts with
the toll project entity to conduct hearings.
Sec. 372.076. PAYMENT PLAN. In the second invoice for
unpaid tolls sent to a person by a toll project entity, the toll
project entity shall provide to the person the option to pay the
tolls through a payment plan.
Sec. 372.077. 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.
Sec. 372.078. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
INVOICES. (a) Except as provided by Subsection (c), 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) A person who enters into a payment plan under Section
372.076 is subject to a civil penalty under Subsection (a) only if
the person fails to make a payment required by the payment plan.
(d) 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 for which the person is liable.
(e) 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. 372.079. 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. 372.080. 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 372.079(a) that shows that the invoice recipient was
the lessee of the vehicle when the toll was incurred.
Sec. 372.081. 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.
SECTION 1.02. Section 372.058, Transportation Code, is
transferred to Subchapter B-1, Chapter 372, Transportation Code, as
added by this Act, redesignated as Section 372.082, Transportation
Code, and amended to read as follows:
Sec. 372.082 [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), and
372.081, 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
customer service, toll collection, enforcement, or reporting
requirements.
(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 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)] include terms to ensure that customers do not
receive invoices from more than one entity for the same
transaction.
ARTICLE 2. CONFORMING CHANGES
SECTION 2.01. 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 2.02. 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 2.03. The heading to Section 284.2031,
Transportation Code, is amended to read as follows:
Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT: FINE.
SECTION 2.04. Section 284.2031(a), Transportation Code, is
amended to read as follows:
(a) A county may impose, in addition to other costs, a fine
of $1 on the imposition of a civil penalty [conviction to a
defendant convicted of an offense] under Section 372.078 [284.070,
284.0701, or 284.203] in an action brought by the county or district
attorney.
SECTION 2.05. 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 2.06. 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 2.07. 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 2.08. 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 2.09. 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 2.10. 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 2.11. 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 3. REPEALERS
SECTION 3.01. (a) Section 103.0321, Government Code, is
repealed.
(b) The following provisions of the Transportation Code are
repealed:
(1) Section 228.001(3-a);
(2) Sections 228.054, 228.0545, 228.0546, 228.0547,
228.055, and 228.056;
(3) Sections 284.070, 284.0701, 284.0702, 284.202,
284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208,
284.209, 284.210, 284.211, and 284.212;
(4) Section 284.2031(b);
(5) Section 366.178;
(6) Section 370.177;
(7) Section 372.054, as added by Chapter 956 (S.B.
198), Acts of the 86th Legislature, Regular Session, 2019;
(8) Sections 372.055, 372.056, 372.057, 372.102,
372.106, 372.107, 372.108, 372.109, 372.110, 372.111, 372.112,
372.113, 372.114, and 372.115;
(9) Sections 372.105(c), (d), (e), and (f); and
(10) Section 502.011.
ARTICLE 4. TRANSITION; EFFECTIVE DATE
SECTION 4.01. The changes in law made by this Act 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 4.02. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2021.