Texas 2025 - 89th Regular

Texas House Bill HB1333 Compare Versions

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

Old	New	Differences
1	1	By: Harrison H.B. No. 1333
2	2
3	3
4	4
5	5
6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to toll collection and enforcement by toll project
9	9	entities; authorizing an administrative fee; imposing a civil
10	10	penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	ARTICLE 1. PAYMENT OF TOLLS
13	13	SECTION 1.01. Chapter 372, Transportation Code, is amended
14	14	by adding Subchapter B-1 to read as follows:
15	15	SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
16	16	Sec. 372.071. DEFINITION. In this subchapter, "registered
17	17	owner" means an owner as defined by Section 502.001.
18	18	Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
19	19	EXEMPT. (a) The operator of a vehicle, other than an authorized
20	20	emergency vehicle as defined by Section 541.201, that is driven or
21	21	towed through a toll collection facility of a toll project shall
22	22	pay the proper toll. The exemption from payment of a toll for an
23	23	authorized emergency vehicle applies regardless of whether the
24	24	vehicle is:
25	25	(1) responding to an emergency;
26	26	(2) displaying a flashing light; or
27	27	(3) marked as an emergency vehicle.
28	28	(b) Notwithstanding Subsection (a), a toll project entity
29	29	may waive the requirement of the payment of a toll or may authorize
30	30	the payment of a reduced toll for any vehicle or class of vehicles.
31	31	Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As
32	32	an alternative to requiring payment of a toll at the time a vehicle
33	33	is driven or towed through a toll collection facility, a toll
34	34	project entity shall use video billing or other tolling methods to
35	35	permit the registered owner of the vehicle to pay the toll at a
36	36	later date.
37	37	(b) A toll project entity may use automated enforcement
38	38	technology, including video recordings, photography, electronic
39	39	data, and transponders, or other tolling methods to identify the
40	40	registered owner of the vehicle for purposes of billing,
41	41	collection, and enforcement activities.
42	42	(c) A toll project entity shall send by first class mail to
43	43	the registered owner of a vehicle a written invoice containing an
44	44	assessment for tolls incurred by the vehicle.
45	45	(d) A toll project entity shall send the invoice required
46	46	under Subsection (c) and related communications to:
47	47	(1) the registered owner's address as shown in the
48	48	vehicle registration records of the Texas Department of Motor
49	49	Vehicles or the analogous department or agency of another state or
50	50	country; or
51	51	(2) an alternate address provided by the owner or
52	52	derived through other reliable means.
53	53	(e) A toll project entity may provide that the invoice
54	54	required under Subsection (c), instead of being sent by first class
55	55	mail, be sent as an electronic record to a registered owner that
56	56	agrees to the terms of the electronic record transmission of the
57	57	information.
58	58	(f) A toll project entity that sends an initial invoice
59	59	required under Subsection (c) may not assess an additional fee
60	60	other than a postage fee to the amount owed by the owner of the
61	61	vehicle.
62	62	Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
63	63	invoice containing an assessment for the use of a toll project
64	64	must:
65	65	(1) require payment not later than the 30th day after
66	66	the date the invoice is mailed; and
67	67	(2) conspicuously state:
68	68	(A) the amount due;
69	69	(B) the date by which the amount due must be paid;
70	70	(C) that failure to pay the amount due in the
71	71	required period will result in the assessment of an administrative
72	72	fee; and
73	73	(D) that failure to pay two or more invoices will
74	74	result in a civil penalty.
75	75	Sec. 372.075. PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.
76	76	(a) A person who receives an invoice under this subchapter for the
77	77	use of a toll project shall, not later than the due date specified
78	78	in the invoice:
79	79	(1) pay the amount owed as stated in the invoice; or
80	80	(2) send a written request to the toll project entity
81	81	for a review of the toll assessments contained in the invoice.
82	82	(b) If a person fails to comply with Subsection (a), a toll
83	83	project entity may add an administrative fee, not to exceed $6, to
84	84	the amount the person owes. The toll project entity:
85	85	(1) must set the administrative fee by rule in an
86	86	amount that does not exceed the cost of collecting the toll; and
87	87	(2) may not charge a person more than $48 in
88	88	administrative fees in a 12-month period.
89	89	(c) A toll project entity other than a county under Chapter
90	90	284 may contract, in accordance with Section 2107.003, Government
91	91	Code, with a person to collect unpaid tolls and any applicable
92	92	administrative fees from a person who has failed to pay at least
93	93	six consecutive months of unpaid tolls before referring the matter
94	94	to a court with jurisdiction over a civil penalty under Section
95	95	372.078.
96	96	(d) A toll project entity may not collect unpaid tolls and
97	97	administrative fees through an administrative adjudication hearing
98	98	conducted by the toll project entity or a person who contracts with
99	99	the toll project entity to conduct hearings.
100	100	Sec. 372.076. PAYMENT PLAN. In the second invoice for
101	101	unpaid tolls sent to a person by a toll project entity, the toll
102	102	project entity shall provide to the person the option to pay the
103	103	tolls through a payment plan.
104	104	Sec. 372.077. NOTICE OF RETURNED PAYMENT. A toll project
105	105	entity must immediately notify the holder of an electronic toll
106	106	collection customer account that a payment by the credit card or
107	107	debit card associated with the account was declined or could not
108	108	otherwise be processed.
109	109	Sec. 372.078. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
110	110	INVOICES. (a) Except as provided by Subsection (c), a person who
111	111	receives two or more invoices for unpaid tolls and who has not paid
112	112	the amounts due on or before the due dates specified in the
113	113	invoices is subject to a civil penalty of $25. Only one civil
114	114	penalty may be assessed in a six-month period. An appropriate
115	115	district or county attorney may sue to collect the civil penalty and
116	116	the underlying toll and administrative fee.
117	117	(b) In determining liability for a civil penalty under this
118	118	section, it is presumed that the unpaid invoices were received on
119	119	the fifth day after the date of mailing.
120	120	(c) A person who enters into a payment plan under Section
121	121	372.076 is subject to a civil penalty under Subsection (a) only if
122	122	the person fails to make a payment required by the payment plan.
123	123	(d) It is a defense to liability for a civil penalty under
124	124	this section that the person:
125	125	(1) is not liable for payment of each toll assessed in
126	126	the unpaid invoices; or
127	127	(2) paid the amount owed in the invoices pertaining to
128	128	each toll assessed in the invoices for which the person is liable.
129	129	(e) The court in which a person is found liable for a civil
130	130	penalty under Subsection (a) shall collect the civil penalty,
131	131	unpaid tolls, administrative fees, and any additional court costs
132	132	and forward the amounts to the appropriate toll project entity.
133	133	Sec. 372.079. EXCEPTIONS TO TOLL LIABILITY: LEASED,
134	134	TRANSFERRED, OR STOLEN VEHICLE. (a) It is an exception to
135	135	liability of a vehicle's registered owner for a toll incurred by the
136	136	vehicle if the registered owner of the vehicle is a lessor of the
137	137	vehicle and not later than the 30th day after the date the invoice
138	138	containing an assessment of the toll is mailed provides to the
139	139	appropriate toll project entity:
140	140	(1) a copy of the rental, lease, or other contract
141	141	document covering the vehicle on the date the toll was incurred,
142	142	with the name and address of the lessee clearly legible; or
143	143	(2) electronic data, in a format agreed on by the toll
144	144	project entity and the lessor, other than a photocopy or scan of a
145	145	rental or lease contract, that contains the information required
146	146	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
147	147	the date the toll was incurred.
148	148	(b) If the lessor provides the required information within
149	149	the period prescribed under Subsection (a), the toll project entity
150	150	may send an invoice to the lessee at the address provided under
151	151	Subsection (a) by first class mail not later than the 30th day after
152	152	the date of receipt of the required information from the lessor.
153	153	(c) It is an exception to liability of a vehicle's
154	154	registered owner for a toll incurred by the vehicle if the
155	155	registered owner of the vehicle:
156	156	(1) transferred ownership of the vehicle to another
157	157	person before the toll was incurred;
158	158	(2) submitted written notice of the transfer to the
159	159	Texas Department of Motor Vehicles in accordance with Section
160	160	501.147; and
161	161	(3) not later than the 30th day after the date the
162	162	invoice is mailed, provides to the appropriate toll project entity
163	163	the name and address of the person to whom the vehicle was
164	164	transferred.
165	165	(d) If the former owner of the vehicle provides the required
166	166	information within the period prescribed under Subsection (c), the
167	167	toll project entity may send an invoice to the person to whom
168	168	ownership of the vehicle was transferred at the address provided by
169	169	the former owner by first class mail not later than the 30th day
170	170	after the date of receipt of the required information from the
171	171	former owner.
172	172	(e) It is an exception to liability of a vehicle's
173	173	registered owner for a toll incurred by the vehicle if:
174	174	(1) the vehicle in question was stolen before the toll
175	175	was incurred and was not recovered by the time the toll was
176	176	incurred; and
177	177	(2) the theft was reported to the appropriate law
178	178	enforcement authority before the earlier of:
179	179	(A) the time the toll was incurred; or
180	180	(B) eight hours after the discovery of the theft.
181	181	Sec. 372.080. PRESUMPTION. Proof that a vehicle passed
182	182	through a toll collection facility without payment of the proper
183	183	toll, together with proof that the invoice recipient was the
184	184	registered owner or the driver of the vehicle when the toll was
185	185	incurred, creates a presumption that the invoice recipient is
186	186	liable for the toll incurred by the vehicle. The proof may be by a
187	187	written statement of a peace officer or toll project entity
188	188	employee, video surveillance, or any other reasonable evidence,
189	189	including:
190	190	(1) evidence obtained by automated enforcement
191	191	technology that the toll project entity determines is necessary,
192	192	including automated enforcement technology described by Section
193	193	372.073(b); or
194	194	(2) a copy of the rental, lease, or other contract
195	195	document or the electronic data provided to the toll project entity
196	196	under Section 372.079(a) that shows that the invoice recipient was
197	197	the lessee of the vehicle when the toll was incurred.
198	198	Sec. 372.081. CONFIDENTIALITY OF INFORMATION RELATED TO
199	199	TOLL COLLECTION AND ENFORCEMENT. Information collected for the
200	200	purposes of this subchapter, including contact, payment, and other
201	201	account information and trip data, is confidential and not subject
202	202	to disclosure under Chapter 552, Government Code.
203	203	SECTION 1.02. Section 372.058, Transportation Code, is
204	204	transferred to Subchapter B-1, Chapter 372, Transportation Code, as
205	205	added by this Act, redesignated as Section 372.082, Transportation
206	206	Code, and amended to read as follows:
207	207	Sec. 372.082 [372.058]. INFORMATION SHARING AND CONTRACTS
208	208	BETWEEN TOLL PROJECT ENTITIES. (a) Notwithstanding the
209	209	confidentiality of electronic toll collection customer account
210	210	information, including confidentiality under Sections 228.057(e),
211	211	366.179(d), [370.177(m),] 370.178(d), [and] 372.051(a), and
212	212	372.081, a toll project entity with an electronic toll collection
213	213	customer may provide to another toll project entity electronic toll
214	214	collection customer account information for the purposes of
215	215	customer service, toll collection, enforcement, or reporting
216	216	requirements.
217	217	(b) The provision of electronic toll collection customer
218	218	account information under Subsection (a) must ensure the
219	219	confidentiality of all account information.
220	220	(c) A contract between toll project entities for the
221	221	collection of tolls must[:
222	222	[(1) specify which entity is responsible for making
223	223	the determinations, sending notices, and taking other actions, as
224	224	applicable, under Section 372.055; and
225	225	[(2)] include terms to ensure that customers do not
226	226	receive invoices from more than one entity for the same
227	227	transaction.
228	228	ARTICLE 2. CONFORMING CHANGES
229	229	SECTION 2.01. Section 228.059, Transportation Code, is
230	230	amended to read as follows:
231	231	Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
232	232	ENTITY. (a) An entity operating a toll lane pursuant to Section
233	233	228.007(b) or under an agreement under Subchapter E, Chapter 223,
234	234	has, with regard to toll collection and enforcement for that toll
235	235	lane, the same powers and duties as the department under this
236	236	chapter and Subchapter B-1, Chapter 372, except as provided by
237	237	Subsection (b). The entity may use revenues for improvement,
238	238	extension, expansion, or maintenance of the toll lane.
239	239	(b) Notwithstanding any [Sections 228.0545, 228.0546, and
240	240	228.0547 or] other law, a toll collected pursuant to an agreement
241	241	for tolling services with a toll project entity, as defined by
242	242	Section 371.001, other than the department is governed by the fee
243	243	and fine structure of the entity issuing the initial toll invoice.
244	244	SECTION 2.02. The heading to Subchapter D, Chapter 284,
245	245	Transportation Code, is amended to read as follows:
246	246	SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
247	247	[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
248	248	SECTION 2.03. The heading to Section 284.2031,
249	249	Transportation Code, is amended to read as follows:
250	250	Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT: FINE.
251	251	SECTION 2.04. Section 284.2031(a), Transportation Code, is
252	252	amended to read as follows:
253	253	(a) A county may impose, in addition to other costs, a fine
254	254	of $1 on the imposition of a civil penalty [conviction to a
255	255	defendant convicted of an offense] under Section 372.078 [284.070,
256	256	284.0701, or 284.203] in an action brought by the county or district
257	257	attorney.
258	258	SECTION 2.05. Section 366.038(h), Transportation Code, is
259	259	amended to read as follows:
260	260	(h) For purposes of Subchapter C, Chapter 372, a toll
261	261	project for which an authority provides tolling services under a
262	262	tolling services agreement is considered a toll project of the
263	263	authority and the authority is considered the toll project entity
264	264	with respect to all rights and remedies arising under that
265	265	subchapter regarding the toll project. The authority may not stop
266	266	[, detain, or impound] a motor vehicle as authorized under that
267	267	subchapter on a toll project's active traffic lanes unless a
268	268	tolling service agreement addresses that action.
269	269	SECTION 2.06. Subchapter E, Chapter 366, Transportation
270	270	Code, is amended by adding Section 366.186 to read as follows:
271	271	Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL
272	272	COLLECTION AND ENFORCEMENT. In addition to the other powers and
273	273	duties provided by this chapter and Chapter 372, an authority has
274	274	the same powers and duties as the department under Chapter 228, a
275	275	county under Chapter 284, and a regional mobility authority under
276	276	Chapter 370 regarding the authority's toll collection and
277	277	enforcement powers for:
278	278	(1) the authority's turnpike projects; and
279	279	(2) other toll projects developed, financed,
280	280	constructed, or operated under an agreement, including a
281	281	comprehensive development agreement, with the authority.
282	282	SECTION 2.07. Subchapter E, Chapter 370, Transportation
283	283	Code, is amended by adding Section 370.194 to read as follows:
284	284	Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL
285	285	COLLECTION AND ENFORCEMENT. In addition to the other powers and
286	286	duties provided by this chapter and Chapter 372, an authority has
287	287	the same powers and duties as the department under Chapter 228, a
288	288	county under Chapter 284, and a regional tollway authority under
289	289	Chapter 366 regarding the authority's toll collection and
290	290	enforcement powers for:
291	291	(1) the authority's turnpike projects; and
292	292	(2) other toll projects developed, financed,
293	293	constructed, or operated under an agreement with the authority or
294	294	another entity.
295	295	SECTION 2.08. The heading to Subchapter C, Chapter 372,
296	296	Transportation Code, is amended to read as follows:
297	297	SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF
298	298	TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES]
299	299	SECTION 2.09. The heading to Section 372.105,
300	300	Transportation Code, is amended to read as follows:
301	301	Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
302	302	PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
303	303	SECTION 2.10. Sections 372.105(a) and (b), Transportation
304	304	Code, are amended to read as follows:
305	305	(a) A toll project entity may, in lieu of mailing an invoice
306	306	[a written notice of nonpayment], serve with an invoice [a written
307	307	notice of nonpayment] in person an owner of a vehicle that is not
308	308	registered in this state, including the owner of a vehicle
309	309	registered in another state of the United States, the United
310	310	Mexican States, a state of the United Mexican States, or another
311	311	country or territory. An invoice [A notice of nonpayment] may also
312	312	be served by an employee of a governmental entity operating an
313	313	international bridge at the time a vehicle with a record of
314	314	nonpayment seeks to enter or leave this state.
315	315	(b) An invoice [Each written notice of nonpayment] issued
316	316	under Subsection (a) must be paid not later than the due date
317	317	specified in the invoice [shall include a warning that the failure
318	318	to pay the amounts in the notice may result in the toll project
319	319	entity's exercise of the habitual violator remedies under this
320	320	subchapter].
321	321	SECTION 2.11. Section 541.201(13-a), Transportation Code,
322	322	as effective January 1, 2025, is amended to read as follows:
323	323	(13-a) "Police vehicle" means a vehicle used by a
324	324	peace officer, as defined by Article 2A.001, Code of Criminal
325	325	Procedure, for law enforcement purposes that:
326	326	(A) is owned or leased by a governmental entity;
327	327	(B) is owned or leased by the police department
328	328	of a private institution of higher education that commissions peace
329	329	officers under Section 51.212, Education Code; or
330	330	(C) is:
331	331	(i) a private vehicle owned or leased by the
332	332	peace officer; and
333	333	(ii) approved for use for law enforcement
334	334	purposes by the head of the law enforcement agency that employs the
335	335	peace officer, or by that person's designee, provided that use of
336	336	the private vehicle must, if applicable, comply with any rule
337	337	adopted by the commissioners court of a county under Section
338	338	170.001, Local Government Code, and that the private vehicle may
339	339	not be considered an authorized emergency vehicle for exemption
340	340	purposes under Section 372.072 [228.054, 284.070, 366.178, or
341	341	370.177] of this code unless the vehicle is marked.
342	342	ARTICLE 3. REPEALERS
343	343	SECTION 3.01. The following provisions of the
344	344	Transportation Code are repealed:
345	345	(1) Section 228.001(3-a);
346	346	(2) Sections 228.054, 228.0545, 228.0546, 228.0547,
347	347	228.055, and 228.056;
348	348	(3) Sections 284.070, 284.0701, 284.0702, 284.202,
349	349	284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208,
350	350	284.209, 284.210, 284.211, and 284.212;
351	351	(4) Section 284.2031(b);
352	352	(5) Section 366.178;
353	353	(6) Section 370.177;
354	354	(7) Sections 372.054, 372.055, 372.0555, 372.056,
355	355	372.057, 372.102, 372.106, 372.107, 372.108, 372.109, 372.110,
356	356	372.111, 372.112, 372.113, 372.114, and 372.115;
357	357	(8) Sections 372.105(c), (d), (e), and (f); and
358	358	(9) Section 502.011.
359	359	ARTICLE 4. TRANSITION; EFFECTIVE DATE
360	360	SECTION 4.01. The changes in law made by this Act apply only
361	361	to a toll incurred on or after the effective date of this Act. A toll
362	362	incurred before the effective date of this Act is governed by the
363	363	law in effect on the date the toll was incurred, and the former law
364	364	is continued in effect for that purpose.
365	365	SECTION 4.02. This Act takes effect immediately if it
366	366	receives a vote of two-thirds of all the members elected to each
367	367	house, as provided by Section 39, Article III, Texas Constitution.
368	368	If this Act does not receive the vote necessary for immediate
369	369	effect, this Act takes effect September 1, 2025.