Texas 2025 - 89th Regular

Texas House Bill HB2208 Compare Versions

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

Old	New	Differences
1	1	89R4036 CXP-D
2	2	By: Bumgarner H.B. No. 2208
3	3
4	4
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to requirements for certain notices or invoices relating
10	10	to toll collections by a toll project entity.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Sections 228.0545(c) and (e), Transportation
13	13	Code, are amended to read as follows:
14	14	(c) The department shall send by certified [first class]
15	15	mail to the registered owner of a vehicle a written invoice
16	16	containing an assessment for tolls incurred by the vehicle.
17	17	(e) Notwithstanding Section 322.008(d), Business & Commerce
18	18	Code, the [The] department may provide that the invoice under
19	19	Subsection (c), instead of being sent by certified [first class]
20	20	mail, be sent as an electronic record to a registered owner that
21	21	agrees to the terms of the electronic record transmission of the
22	22	information.
23	23	SECTION 2. Sections 228.055(d-1) and (e), Transportation
24	24	Code, are amended to read as follows:
25	25	(d-1) If the lessor provides the required information
26	26	within the period prescribed under Subsection (d), the department
27	27	may send an invoice to the lessee at the address provided under
28	28	Subsection (d) by certified [first class] mail before the 30th day
29	29	after the date of receipt of the required information from the
30	30	lessor.
31	31	(e) It is an exception to liability of a vehicle's
32	32	registered owner for a toll incurred by the vehicle if the
33	33	registered owner of the vehicle transferred ownership of the
34	34	vehicle to another person before the toll was incurred, submitted
35	35	written notice of the transfer to the department in accordance with
36	36	Section 501.147, and, before the 30th day after the date the invoice
37	37	is mailed, provides to the department the name and address of the
38	38	person to whom the vehicle was transferred. If the former owner of
39	39	the vehicle provides the required information within the period
40	40	prescribed, the department may send an invoice to the person to whom
41	41	ownership of the vehicle was transferred at the address provided by
42	42	the former owner by certified [first class] mail before the 30th day
43	43	after the date of receipt of the required information from the
44	44	former owner. The department may send all subsequent invoices
45	45	associated with the vehicle to the person to whom ownership of the
46	46	vehicle was transferred at the address provided by the former owner
47	47	or an alternate address provided by the subsequent owner or derived
48	48	through other reliable means.
49	49	SECTION 3. Section 228.056(b), Transportation Code, is
50	50	amended to read as follows:
51	51	(b) In the prosecution of an offense under Section 228.0547:
52	52	(1) [it is presumed that the invoice containing the
53	53	assessment for the toll was received on the fifth day after the date
54	54	of mailing;
55	55	[(2)] a computer record of the Texas Department of
56	56	Motor Vehicles of the registered owner of the vehicle is prima facie
57	57	evidence of its contents and that the defendant was the registered
58	58	owner of the vehicle when the toll was incurred; and
59	59	(2) [(3)] a copy of the rental, lease, or other
60	60	contract document, or the electronic data provided to the
61	61	department under Section 228.055(d), covering the vehicle on the
62	62	date the toll was incurred is prima facie evidence of its contents
63	63	and that the defendant was the lessee of the vehicle when the toll
64	64	was incurred.
65	65	SECTION 4. Sections 284.0701(b), (d-1), and (e),
66	66	Transportation Code, are amended to read as follows:
67	67	(b) The county may impose and collect the administrative
68	68	cost so as to recover the expense of collecting the unpaid toll, not
69	69	to exceed $100. The county shall send a written notice of
70	70	nonpayment to the registered owner of the vehicle at that owner's
71	71	address as shown in the vehicle registration records of the Texas
72	72	Department of Motor Vehicles by certified [first-class] mail not
73	73	later than the 30th day after the date of the alleged failure to pay
74	74	and may require payment not sooner than the 30th day after the date
75	75	the notice was mailed. The registered owner shall pay a separate
76	76	toll and administrative cost for each event of nonpayment under
77	77	Section 284.070.
78	78	(d-1) If the lessor provides the required information
79	79	within the period prescribed under Subsection (d), the authority
80	80	may send a notice of nonpayment to the lessee at the address
81	81	provided under Subsection (d) by certified [first class] mail
82	82	before the 30th day after the date of receipt of the required
83	83	information from the lessor. The lessee of the vehicle for which
84	84	the proper toll was not paid who is mailed a written notice of
85	85	nonpayment under this subsection and fails to pay the proper toll
86	86	and administrative cost within the time specified by the notice of
87	87	nonpayment commits an offense. The lessee shall pay a separate toll
88	88	and administrative cost for each event of nonpayment. Each failure
89	89	to pay a toll or administrative cost under this subsection is a
90	90	separate offense.
91	91	(e) It is an exception to the application of Subsection (a)
92	92	or (c) if the registered owner of the vehicle transferred ownership
93	93	of the vehicle to another person before the event of nonpayment
94	94	under Section 284.070 occurred, submitted written notice of the
95	95	transfer to the Texas Department of Motor Vehicles in accordance
96	96	with Section 501.147, and before the 30th day after the date the
97	97	notice of nonpayment is mailed, provides to the county the name and
98	98	address of the person to whom the vehicle was transferred. If the
99	99	former owner of the vehicle provides the required information
100	100	within the period prescribed, the county may send a notice of
101	101	nonpayment to the person to whom ownership of the vehicle was
102	102	transferred at the address provided by the former owner by
103	103	certified [first-class] mail before the 30th day after the date of
104	104	receipt of the required information from the former owner. The
105	105	subsequent owner of the vehicle for which the proper toll was not
106	106	paid who is mailed a written notice of nonpayment under this
107	107	subsection and fails to pay the proper toll and administrative cost
108	108	within the time specified by the notice of nonpayment commits an
109	109	offense. The subsequent owner shall pay a separate toll and
110	110	administrative cost for each event of nonpayment under Section
111	111	284.070. Each failure to pay a toll or administrative cost under
112	112	this subsection is a separate offense.
113	113	SECTION 5. Section 284.0703, Transportation Code, is
114	114	amended to read as follows:
115	115	Sec. 284.0703. METHOD OF SENDING INVOICE OR NOTICE.
116	116	Notwithstanding [As authorized under] Section 322.008(d)
117	117	[322.008(d)(2)], Business & Commerce Code, a county may provide an
118	118	invoice or notice required under this chapter to be sent by
119	119	certified [first class] mail instead as an electronic record:
120	120	(1) if the recipient of the information agrees to the
121	121	transmission of the information as an electronic record; and
122	122	(2) on terms acceptable to the recipient.
123	123	SECTION 6. Sections 366.178(b-2), (b-4), (d-1), (d-2),
124	124	(i-1), and (k), Transportation Code, are amended to read as
125	125	follows:
126	126	(b-2) If the authority does not collect the proper toll at
127	127	the time a vehicle is driven or towed through a toll assessment
128	128	facility, the authority shall send an invoice by certified [first
129	129	class] mail to the registered owner of the vehicle. The invoice may
130	130	include one or more tolls assessed by the authority for use of the
131	131	project by the nonpaying vehicle and must specify the date by which
132	132	the toll or tolls must be paid. Except as provided by Subsection
133	133	(b-3), the registered owner shall pay the unpaid tolls included in
134	134	the invoice not later than the 25th day after the date the invoice
135	135	is mailed.
136	136	(b-4) If the registered owner of the nonpaying vehicle fails
137	137	to pay the unpaid tolls included in the invoice mailed under
138	138	Subsection (b-2) or (b-3) by the date specified in the invoice, the
139	139	authority shall send the first notice of nonpayment by certified
140	140	[first class] mail to the registered owner of the nonpaying vehicle
141	141	as provided by Subsection (d).
142	142	(d-1) If the registered owner of the nonpaying vehicle fails
143	143	to pay the unpaid tolls and the administrative fee by the date
144	144	specified in the first notice of nonpayment, the authority shall
145	145	send a second notice of nonpayment by certified [first class] mail
146	146	to the registered owner of the nonpaying vehicle. The second
147	147	notice of nonpayment must specify the date by which payment must be
148	148	made and may require payment of:
149	149	(1) the unpaid tolls and administrative fee included
150	150	in the first notice of nonpayment; and
151	151	(2) an additional administrative fee of not more than
152	152	$25 for each unpaid toll included in the notice, not to exceed a
153	153	total of $200.
154	154	(d-2) If the registered owner of the nonpaying vehicle fails
155	155	to pay the amount included in the second notice of nonpayment by the
156	156	date specified in that notice, the authority shall send a third
157	157	notice of nonpayment by certified [first class] mail to the
158	158	registered owner of the nonpaying vehicle. The third notice of
159	159	nonpayment must specify the date by which payment must be made and
160	160	may require payment of:
161	161	(1) the amount included in the second notice of
162	162	nonpayment; and
163	163	(2) any third-party collection service fees incurred
164	164	by the authority.
165	165	(i-1) If the lessor timely provides the required
166	166	information under Subsection (i), the lessee of the vehicle on the
167	167	date the unpaid toll was assessed is considered to be the registered
168	168	owner of the vehicle for purposes of this section, and the authority
169	169	shall follow the procedures provided by this section as if the
170	170	lessee were the registered owner of the vehicle, including sending
171	171	an invoice to the lessee by certified [first-class] mail not later
172	172	than the 30th day after the date of the receipt of the information
173	173	from the lessor.
174	174	(k) Notwithstanding [As authorized under] Section
175	175	322.008(d) [322.008(d)(2)], Business & Commerce Code, an authority
176	176	may provide information, including an invoice or notice, required
177	177	under this section to be sent by certified [first class] mail
178	178	instead as an electronic record:
179	179	(1) if the recipient of the information agrees to the
180	180	transmission of the information as an electronic record; and
181	181	(2) on terms acceptable to the recipient.
182	182	SECTION 7. Sections 370.177(c), (e-1), (f), and (n),
183	183	Transportation Code, are amended to read as follows:
184	184	(c) The authority may impose and collect the administrative
185	185	fee to recover the cost of collecting the unpaid toll, not to exceed
186	186	$100. The authority shall send a written notice of nonpayment to
187	187	the registered owner of the vehicle at that owner's address as shown
188	188	in the vehicle registration records of the department by certified
189	189	[first class] mail not later than the 30th day after the date of the
190	190	alleged failure to pay and may require payment not sooner than the
191	191	30th day after the date the notice was mailed. The registered owner
192	192	shall pay a separate toll and administrative fee for each event of
193	193	nonpayment under Subsection (a).
194	194	(e-1) If the lessor provides the required information
195	195	within the period prescribed under Subsection (e), the authority
196	196	may send a notice of nonpayment to the lessee at the address
197	197	provided under Subsection (e) by certified [first class] mail
198	198	before the 30th day after the date of receipt of the required
199	199	information from the lessor. The lessee of the vehicle for which
200	200	the proper toll was not paid who is mailed a written notice of
201	201	nonpayment under this subsection and fails to pay the proper toll
202	202	and administrative fee within the time specified by the notice of
203	203	nonpayment commits an offense. The lessee shall pay a separate toll
204	204	and administrative fee for each event of nonpayment. Each failure
205	205	to pay a toll or administrative fee under this subsection is a
206	206	separate offense.
207	207	(f) It is an exception to the application of Subsection (b)
208	208	or (d) that the registered owner of the vehicle transferred
209	209	ownership of the vehicle to another person before the event of
210	210	nonpayment under Subsection (a) occurred, submitted written notice
211	211	of the transfer to the department in accordance with Section
212	212	501.147, and before the 30th day after the date the notice of
213	213	nonpayment is mailed, provides to the authority the name and
214	214	address of the person to whom the vehicle was transferred. If the
215	215	former owner of the vehicle provides the required information
216	216	within the period prescribed, the authority may send a notice of
217	217	nonpayment to the person to whom ownership of the vehicle was
218	218	transferred at the address provided by the former owner by
219	219	certified [first class] mail before the 30th day after the date of
220	220	receipt of the required information from the former owner. The
221	221	subsequent owner of the vehicle for which the proper toll was not
222	222	paid who is mailed a written notice of nonpayment under this
223	223	subsection and fails to pay the proper toll and administrative fee
224	224	within the time specified by the notice of nonpayment commits an
225	225	offense. The subsequent owner shall pay a separate toll and
226	226	administrative fee for each event of nonpayment under Subsection
227	227	(a). Each failure to pay a toll or administrative fee under this
228	228	subsection is a separate offense.
229	229	(n) Notwithstanding [As authorized under] Section
230	230	322.008(d) [322.008(d)(2)], Business & Commerce Code, an authority
231	231	may provide an invoice or notice required under this section to be
232	232	sent by certified [first class] mail instead as an electronic
233	233	record:
234	234	(1) if the recipient of the information agrees to the
235	235	transmission of the information as an electronic record; and
236	236	(2) on terms acceptable to the recipient.
237	237	SECTION 8. Section 372.056(b), Transportation Code, is
238	238	amended to read as follows:
239	239	(b) A notice or an invoice of unpaid tolls sent by certified
240	240	[first class] mail must clearly indicate on the outside of the
241	241	envelope that the document enclosed is a bill and the recipient is
242	242	expected to pay the amount indicated.
243	243	SECTION 9. Section 372.057(a), Transportation Code, is
244	244	amended to read as follows:
245	245	(a) An invoice or notice provided to a person by a toll
246	246	project entity may be provided by:
247	247	(1) certified [first class] mail;
248	248	(2) e-mail if the person has provided an e-mail
249	249	address to the entity and has elected to receive notice
250	250	electronically; or
251	251	(3) text message if the person has provided a phone
252	252	number to the entity and has elected to receive notice by text
253	253	message.
254	254	SECTION 10. Section 372.101, Transportation Code, is
255	255	amended to read as follows:
256	256	Sec. 372.101. APPLICABILITY. Except as provided by Section
257	257	372.1041, this [This] subchapter does not apply to a county acting
258	258	under Chapter 284.
259	259	SECTION 11. Section 372.104(a), Transportation Code, is
260	260	amended to read as follows:
261	261	(a) If the registered owner of the vehicle fails to comply
262	262	with the terms of an agreement described by Section 372.103, a toll
263	263	project entity may send by certified [first class] mail to the
264	264	person at the address shown on the agreement a written notice
265	265	demanding payment of the outstanding balance due.
266	266	SECTION 12. Subchapter C, Chapter 372, Transportation Code,
267	267	is amended by adding Section 372.1041 to read as follows:
268	268	Sec. 372.1041. COLLECTION OF OUTSTANDING BALANCE DUE.
269	269	Notwithstanding any other law, a toll project entity must send by
270	270	certified mail to a person at least three written notices or
271	271	invoices containing any outstanding balance due before taking any
272	272	other action to collect the outstanding balance, including
273	273	referring the matter to a third-party debt collector.
274	274	SECTION 13. Sections 372.106(c) and (d), Transportation
275	275	Code, are amended to read as follows:
276	276	(c) The notice must:
277	277	(1) be sent by certified [first class] mail [and is
278	278	presumed received on the fifth day after the date the notice is
279	279	mailed]; and
280	280	(2) state:
281	281	(A) the total number of events of nonpayment and
282	282	the total amount due for tolls and administrative fees;
283	283	(B) the date of the determination under
284	284	Subsection (a);
285	285	(C) the right of the person to request a hearing
286	286	on the determination; and
287	287	(D) the procedure for requesting a hearing,
288	288	including the period during which the request must be made.
289	289	(d) If not later than the 30th day after the date on which
290	290	the person [is presumed to have] received the notice the toll
291	291	project entity receives a written request for a hearing, a hearing
292	292	shall be held as provided by Section 372.107.
293	293	SECTION 14. Section 372.110(b), Transportation Code, is
294	294	amended to read as follows:
295	295	(b) The notice required by Subsection (a)(2) must be sent by
296	296	certified [first class] mail to the registered owner at an address
297	297	under Section 372.106(b) at least 10 days before the date the
298	298	prohibition order takes effect [and is presumed received on the
299	299	fifth day after the date the notice is mailed].
300	300	SECTION 15. Section 372.116, Transportation Code, is
301	301	amended to read as follows:
302	302	Sec. 372.116. METHOD OF SENDING INVOICE OR NOTICE.
303	303	Notwithstanding [As authorized under] Section 322.008(d)
304	304	[322.008(d)(2)], Business & Commerce Code, a toll project entity
305	305	may provide an invoice or notice required under this subchapter to
306	306	be sent by certified [first class] mail instead as an electronic
307	307	record:
308	308	(1) if the recipient of the information agrees to the
309	309	transmission of the information as an electronic record; and
310	310	(2) on terms acceptable to the recipient.
311	311	SECTION 16. The changes in law made by this Act apply only
312	312	to the collection of a toll incurred on or after the effective date
313	313	of this Act. The collection of a toll incurred before the effective
314	314	date of this Act is governed by the law in effect immediately before
315	315	the effective date of this Act, and that law is continued in effect
316	316	for that purpose.
317	317	SECTION 17. This Act takes effect September 1, 2025.