Texas 2023 - 88th Regular

Texas Senate Bill SB316 Compare Versions

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1	1	88R1064 CXP-D
2	2	By: Hall S.B. No. 316
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to toll collection and enforcement by toll project
8	8	entities; authorizing an administrative fee; imposing a civil
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	ARTICLE 1. PAYMENT OF TOLLS
12	12	SECTION 1.01. Chapter 372, Transportation Code, is amended
13	13	by adding Subchapter B-1 to read as follows:
14	14	SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
15	15	Sec. 372.071. DEFINITION. In this subchapter, "registered
16	16	owner" means an owner as defined by Section 502.001.
17	17	Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
18	18	EXEMPT. (a) The operator of a vehicle, other than an authorized
19	19	emergency vehicle as defined by Section 541.201, that is driven or
20	20	towed through a toll collection facility of a toll project shall pay
21	21	the proper toll. The exemption from payment of a toll for an
22	22	authorized emergency vehicle applies regardless of whether the
23	23	vehicle is:
24	24	(1) responding to an emergency;
25	25	(2) displaying a flashing light; or
26	26	(3) marked as an emergency vehicle.
27	27	(b) Notwithstanding Subsection (a), a toll project entity
28	28	may waive the requirement of the payment of a toll or may authorize
29	29	the payment of a reduced toll for any vehicle or class of vehicles.
30	30	Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As
31	31	an alternative to requiring payment of a toll at the time a vehicle
32	32	is driven or towed through a toll collection facility, a toll
33	33	project entity shall use video billing or other tolling methods to
34	34	permit the registered owner of the vehicle to pay the toll at a
35	35	later date.
36	36	(b) A toll project entity may use automated enforcement
37	37	technology, including video recordings, photography, electronic
38	38	data, and transponders, or other tolling methods to identify the
39	39	registered owner of the vehicle for purposes of billing,
40	40	collection, and enforcement activities.
41	41	(c) A toll project entity shall send by first class mail to
42	42	the registered owner of a vehicle a written invoice containing an
43	43	assessment for tolls incurred by the vehicle.
44	44	(d) A toll project entity shall send the invoice required
45	45	under Subsection (c) and related communications to:
46	46	(1) the registered owner's address as shown in the
47	47	vehicle registration records of the Texas Department of Motor
48	48	Vehicles or the analogous department or agency of another state or
49	49	country; or
50	50	(2) an alternate address provided by the owner or
51	51	derived through other reliable means.
52	52	(e) A toll project entity may provide that the invoice
53	53	required under Subsection (c), instead of being sent by first class
54	54	mail, be sent as an electronic record to a registered owner that
55	55	agrees to the terms of the electronic record transmission of the
56	56	information.
57	57	(f) A toll project entity that sends an initial invoice
58	58	required under Subsection (c) may not assess an additional fee
59	59	other than a postage fee to the amount owed by the owner of the
60	60	vehicle.
61	61	Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
62	62	invoice containing an assessment for the use of a toll project must:
63	63	(1) require payment not later than the 30th day after
64	64	the date the invoice is mailed; and
65	65	(2) conspicuously state:
66	66	(A) the amount due;
67	67	(B) the date by which the amount due must be paid;
68	68	(C) that failure to pay the amount due in the
69	69	required period will result in the assessment of an administrative
70	70	fee; and
71	71	(D) that failure to pay two or more invoices will
72	72	result in a civil penalty.
73	73	Sec. 372.075. PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.
74	74	(a) A person who receives an invoice under this subchapter for the
75	75	use of a toll project shall, not later than the due date specified
76	76	in the invoice:
77	77	(1) pay the amount owed as stated in the invoice; or
78	78	(2) send a written request to the toll project entity
79	79	for a review of the toll assessments contained in the invoice.
80	80	(b) If a person fails to comply with Subsection (a), a toll
81	81	project entity may add an administrative fee, not to exceed $6, to
82	82	the amount the person owes. The toll project entity:
83	83	(1) must set the administrative fee by rule in an
84	84	amount that does not exceed the cost of collecting the toll; and
85	85	(2) may not charge a person more than $48 in
86	86	administrative fees in a 12-month period.
87	87	(c) A toll project entity other than a county under Chapter
88	88	284 may contract, in accordance with Section 2107.003, Government
89	89	Code, with a person to collect unpaid tolls and any applicable
90	90	administrative fees from a person who has failed to pay at least six
91	91	consecutive months of unpaid tolls before referring the matter to a
92	92	court with jurisdiction over a civil penalty under Section 372.078.
93	93	(d) A toll project entity may not collect unpaid tolls and
94	94	administrative fees through an administrative adjudication hearing
95	95	conducted by the toll project entity or a person who contracts with
96	96	the toll project entity to conduct hearings.
97	97	Sec. 372.076. PAYMENT PLAN. In the second invoice for
98	98	unpaid tolls sent to a person by a toll project entity, the toll
99	99	project entity shall provide to the person the option to pay the
100	100	tolls through a payment plan.
101	101	Sec. 372.077. NOTICE OF RETURNED PAYMENT. A toll project
102	102	entity must immediately notify the holder of an electronic toll
103	103	collection customer account that a payment by the credit card or
104	104	debit card associated with the account was declined or could not
105	105	otherwise be processed.
106	106	Sec. 372.078. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
107	107	INVOICES. (a) Except as provided by Subsection (c), a person who
108	108	receives two or more invoices for unpaid tolls and who has not paid
109	109	the amounts due on or before the due dates specified in the invoices
110	110	is subject to a civil penalty of $25. Only one civil penalty may be
111	111	assessed in a six-month period. An appropriate district or county
112	112	attorney may sue to collect the civil penalty and the underlying
113	113	toll and administrative fee.
114	114	(b) In determining liability for a civil penalty under this
115	115	section, it is presumed that the unpaid invoices were received on
116	116	the fifth day after the date of mailing.
117	117	(c) A person who enters into a payment plan under Section
118	118	372.076 is subject to a civil penalty under Subsection (a) only if
119	119	the person fails to make a payment required by the payment plan.
120	120	(d) It is a defense to liability for a civil penalty under
121	121	this section that the person:
122	122	(1) is not liable for payment of each toll assessed in
123	123	the unpaid invoices; or
124	124	(2) paid the amount owed in the invoices pertaining to
125	125	each toll assessed in the invoices for which the person is liable.
126	126	(e) The court in which a person is found liable for a civil
127	127	penalty under Subsection (a) shall collect the civil penalty,
128	128	unpaid tolls, administrative fees, and any additional court costs
129	129	and forward the amounts to the appropriate toll project entity.
130	130	Sec. 372.079. EXCEPTIONS TO TOLL LIABILITY: LEASED,
131	131	TRANSFERRED, OR STOLEN VEHICLE. (a) It is an exception to
132	132	liability of a vehicle's registered owner for a toll incurred by the
133	133	vehicle if the registered owner of the vehicle is a lessor of the
134	134	vehicle and not later than the 30th day after the date the invoice
135	135	containing an assessment of the toll is mailed provides to the
136	136	appropriate toll project entity:
137	137	(1) a copy of the rental, lease, or other contract
138	138	document covering the vehicle on the date the toll was incurred,
139	139	with the name and address of the lessee clearly legible; or
140	140	(2) electronic data, in a format agreed on by the toll
141	141	project entity and the lessor, other than a photocopy or scan of a
142	142	rental or lease contract, that contains the information required
143	143	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
144	144	the date the toll was incurred.
145	145	(b) If the lessor provides the required information within
146	146	the period prescribed under Subsection (a), the toll project entity
147	147	may send an invoice to the lessee at the address provided under
148	148	Subsection (a) by first class mail not later than the 30th day after
149	149	the date of receipt of the required information from the lessor.
150	150	(c) It is an exception to liability of a vehicle's
151	151	registered owner for a toll incurred by the vehicle if the
152	152	registered owner of the vehicle:
153	153	(1) transferred ownership of the vehicle to another
154	154	person before the toll was incurred;
155	155	(2) submitted written notice of the transfer to the
156	156	Texas Department of Motor Vehicles in accordance with Section
157	157	501.147; and
158	158	(3) not later than the 30th day after the date the
159	159	invoice is mailed, provides to the appropriate toll project entity
160	160	the name and address of the person to whom the vehicle was
161	161	transferred.
162	162	(d) If the former owner of the vehicle provides the required
163	163	information within the period prescribed under Subsection (c), the
164	164	toll project entity may send an invoice to the person to whom
165	165	ownership of the vehicle was transferred at the address provided by
166	166	the former owner by first class mail not later than the 30th day
167	167	after the date of receipt of the required information from the
168	168	former owner.
169	169	(e) It is an exception to liability of a vehicle's
170	170	registered owner for a toll incurred by the vehicle if:
171	171	(1) the vehicle in question was stolen before the toll
172	172	was incurred and was not recovered by the time the toll was
173	173	incurred; and
174	174	(2) the theft was reported to the appropriate law
175	175	enforcement authority before the earlier of:
176	176	(A) the time the toll was incurred; or
177	177	(B) eight hours after the discovery of the theft.
178	178	Sec. 372.080. PRESUMPTION. Proof that a vehicle passed
179	179	through a toll collection facility without payment of the proper
180	180	toll, together with proof that the invoice recipient was the
181	181	registered owner or the driver of the vehicle when the toll was
182	182	incurred, creates a presumption that the invoice recipient is
183	183	liable for the toll incurred by the vehicle. The proof may be by a
184	184	written statement of a peace officer or toll project entity
185	185	employee, video surveillance, or any other reasonable evidence,
186	186	including:
187	187	(1) evidence obtained by automated enforcement
188	188	technology that the toll project entity determines is necessary,
189	189	including automated enforcement technology described by Section
190	190	372.073(b); or
191	191	(2) a copy of the rental, lease, or other contract
192	192	document or the electronic data provided to the toll project entity
193	193	under Section 372.079(a) that shows that the invoice recipient was
194	194	the lessee of the vehicle when the toll was incurred.
195	195	Sec. 372.081. CONFIDENTIALITY OF INFORMATION RELATED TO
196	196	TOLL COLLECTION AND ENFORCEMENT. Information collected for the
197	197	purposes of this subchapter, including contact, payment, and other
198	198	account information and trip data, is confidential and not subject
199	199	to disclosure under Chapter 552, Government Code.
200	200	SECTION 1.02. Section 372.058, Transportation Code, is
201	201	transferred to Subchapter B-1, Chapter 372, Transportation Code, as
202	202	added by this Act, redesignated as Section 372.082, Transportation
203	203	Code, and amended to read as follows:
204	204	Sec. 372.082 [372.058]. INFORMATION SHARING AND CONTRACTS
205	205	BETWEEN TOLL PROJECT ENTITIES. (a) Notwithstanding the
206	206	confidentiality of electronic toll collection customer account
207	207	information, including confidentiality under Sections 228.057(e),
208	208	366.179(d), [370.177(m),] 370.178(d), [and] 372.051(a), and
209	209	372.081, a toll project entity with an electronic toll collection
210	210	customer may provide to another toll project entity electronic toll
211	211	collection customer account information for the purposes of
212	212	customer service, toll collection, enforcement, or reporting
213	213	requirements.
214	214	(b) The provision of electronic toll collection customer
215	215	account information under Subsection (a) must ensure the
216	216	confidentiality of all account information.
217	217	(c) A contract between toll project entities for the
218	218	collection of tolls must[:
219	219	[(1) specify which entity is responsible for making
220	220	the determinations, sending notices, and taking other actions, as
221	221	applicable, under Section 372.055; and
222	222	[(2)] include terms to ensure that customers do not
223	223	receive invoices from more than one entity for the same
224	224	transaction.
225	225	ARTICLE 2. CONFORMING CHANGES
226	226	SECTION 2.01. Section 228.059, Transportation Code, is
227	227	amended to read as follows:
228	228	Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
229	229	ENTITY. (a) An entity operating a toll lane pursuant to Section
230	230	228.007(b) or under an agreement under Subchapter E, Chapter 223,
231	231	has, with regard to toll collection and enforcement for that toll
232	232	lane, the same powers and duties as the department under this
233	233	chapter and Subchapter B-1, Chapter 372, except as provided by
234	234	Subsection (b). The entity may use revenues for improvement,
235	235	extension, expansion, or maintenance of the toll lane.
236	236	(b) Notwithstanding any [Sections 228.0545, 228.0546, and
237	237	228.0547 or] other law, a toll collected pursuant to an agreement
238	238	for tolling services with a toll project entity, as defined by
239	239	Section 371.001, other than the department is governed by the fee
240	240	and fine structure of the entity issuing the initial toll invoice.
241	241	SECTION 2.02. The heading to Subchapter D, Chapter 284,
242	242	Transportation Code, is amended to read as follows:
243	243	SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
244	244	[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
245	245	SECTION 2.03. The heading to Section 284.2031,
246	246	Transportation Code, is amended to read as follows:
247	247	Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT: FINE.
248	248	SECTION 2.04. Section 284.2031(a), Transportation Code, is
249	249	amended to read as follows:
250	250	(a) A county may impose, in addition to other costs, a fine
251	251	of $1 on the imposition of a civil penalty [conviction to a
252	252	defendant convicted of an offense] under Section 372.078 [284.070,
253	253	284.0701, or 284.203] in an action brought by the county or district
254	254	attorney.
255	255	SECTION 2.05. Section 366.038(h), Transportation Code, is
256	256	amended to read as follows:
257	257	(h) For purposes of Subchapter C, Chapter 372, a toll
258	258	project for which an authority provides tolling services under a
259	259	tolling services agreement is considered a toll project of the
260	260	authority and the authority is considered the toll project entity
261	261	with respect to all rights and remedies arising under that
262	262	subchapter regarding the toll project. The authority may not stop
263	263	[, detain, or impound] a motor vehicle as authorized under that
264	264	subchapter on a toll project's active traffic lanes unless a
265	265	tolling service agreement addresses that action.
266	266	SECTION 2.06. Subchapter E, Chapter 366, Transportation
267	267	Code, is amended by adding Section 366.186 to read as follows:
268	268	Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL
269	269	COLLECTION AND ENFORCEMENT. In addition to the other powers and
270	270	duties provided by this chapter and Chapter 372, an authority has
271	271	the same powers and duties as the department under Chapter 228, a
272	272	county under Chapter 284, and a regional mobility authority under
273	273	Chapter 370 regarding the authority's toll collection and
274	274	enforcement powers for:
275	275	(1) the authority's turnpike projects; and
276	276	(2) other toll projects developed, financed,
277	277	constructed, or operated under an agreement, including a
278	278	comprehensive development agreement, with the authority.
279	279	SECTION 2.07. Subchapter E, Chapter 370, Transportation
280	280	Code, is amended by adding Section 370.194 to read as follows:
281	281	Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL
282	282	COLLECTION AND ENFORCEMENT. In addition to the other powers and
283	283	duties provided by this chapter and Chapter 372, an authority has
284	284	the same powers and duties as the department under Chapter 228, a
285	285	county under Chapter 284, and a regional tollway authority under
286	286	Chapter 366 regarding the authority's toll collection and
287	287	enforcement powers for:
288	288	(1) the authority's turnpike projects; and
289	289	(2) other toll projects developed, financed,
290	290	constructed, or operated under an agreement with the authority or
291	291	another entity.
292	292	SECTION 2.08. The heading to Subchapter C, Chapter 372,
293	293	Transportation Code, is amended to read as follows:
294	294	SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF
295	295	TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES]
296	296	SECTION 2.09. The heading to Section 372.105,
297	297	Transportation Code, is amended to read as follows:
298	298	Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
299	299	PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
300	300	SECTION 2.10. Sections 372.105(a) and (b), Transportation
301	301	Code, are amended to read as follows:
302	302	(a) A toll project entity may, in lieu of mailing an invoice
303	303	[a written notice of nonpayment], serve with an invoice [a written
304	304	notice of nonpayment] in person an owner of a vehicle that is not
305	305	registered in this state, including the owner of a vehicle
306	306	registered in another state of the United States, the United
307	307	Mexican States, a state of the United Mexican States, or another
308	308	country or territory. An invoice [A notice of nonpayment] may also
309	309	be served by an employee of a governmental entity operating an
310	310	international bridge at the time a vehicle with a record of
311	311	nonpayment seeks to enter or leave this state.
312	312	(b) An invoice [Each written notice of nonpayment] issued
313	313	under Subsection (a) must be paid not later than the due date
314	314	specified in the invoice [shall include a warning that the failure
315	315	to pay the amounts in the notice may result in the toll project
316	316	entity's exercise of the habitual violator remedies under this
317	317	subchapter].
318	318	SECTION 2.11. Section 541.201(13-a), Transportation Code,
319	319	is amended to read as follows:
320	320	(13-a) "Police vehicle" means a vehicle used by a
321	321	peace officer, as defined by Article 2.12, Code of Criminal
322	322	Procedure, for law enforcement purposes that:
323	323	(A) is owned or leased by a governmental entity;
324	324	(B) is owned or leased by the police department
325	325	of a private institution of higher education that commissions peace
326	326	officers under Section 51.212, Education Code; or
327	327	(C) is:
328	328	(i) a private vehicle owned or leased by the
329	329	peace officer; and
330	330	(ii) approved for use for law enforcement
331	331	purposes by the head of the law enforcement agency that employs the
332	332	peace officer, or by that person's designee, provided that use of
333	333	the private vehicle must, if applicable, comply with any rule
334	334	adopted by the commissioners court of a county under Section
335	335	170.001, Local Government Code, and that the private vehicle may
336	336	not be considered an authorized emergency vehicle for exemption
337	337	purposes under Section 372.072 [228.054, 284.070, 366.178, or
338	338	370.177], Transportation Code, unless the vehicle is marked.
339	339	ARTICLE 3. REPEALERS
340	340	SECTION 3.01. The following provisions of the
341	341	Transportation Code are repealed:
342	342	(1) Section 228.001(3-a);
343	343	(2) Sections 228.054, 228.0545, 228.0546, 228.0547,
344	344	228.055, and 228.056;
345	345	(3) Sections 284.070, 284.0701, 284.0702, 284.202,
346	346	284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208,
347	347	284.209, 284.210, 284.211, and 284.212;
348	348	(4) Section 284.2031(b);
349	349	(5) Section 366.178;
350	350	(6) Section 370.177;
351	351	(7) Section 372.054;
352	352	(8) Sections 372.055, 372.056, 372.057, 372.102,
353	353	372.106, 372.107, 372.108, 372.109, 372.110, 372.111, 372.112,
354	354	372.113, 372.114, and 372.115;
355	355	(9) Sections 372.105(c), (d), (e), and (f); and
356	356	(10) Section 502.011.
357	357	ARTICLE 4. TRANSITION; EFFECTIVE DATE
358	358	SECTION 4.01. The changes in law made by this Act apply only
359	359	to a toll incurred on or after the effective date of this Act. A
360	360	toll incurred before the effective date of this Act is governed by
361	361	the law in effect on the date the toll was incurred, and the former
362	362	law is continued in effect for that purpose.
363	363	SECTION 4.02. This Act takes effect immediately if it
364	364	receives a vote of two-thirds of all the members elected to each
365	365	house, as provided by Section 39, Article III, Texas Constitution.
366	366	If this Act does not receive the vote necessary for immediate
367	367	effect, this Act takes effect September 1, 2023.