89R4036 CXP-D
By: Bumgarner H.B. No. 2208
A BILL TO BE ENTITLED
AN ACT
relating to requirements for certain notices or invoices relating
to toll collections by a toll project entity.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 228.0545(c) and (e), Transportation
Code, are amended to read as follows:
(c) The department shall send by certified [first class]
mail to the registered owner of a vehicle a written invoice
containing an assessment for tolls incurred by the vehicle.
(e) Notwithstanding Section 322.008(d), Business & Commerce
Code, the [The] department may provide that the invoice under
Subsection (c), instead of being sent by certified [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.
SECTION 2. Sections 228.055(d-1) and (e), Transportation
Code, are amended to read as follows:
(d-1) If the lessor provides the required information
within the period prescribed under Subsection (d), the department
may send an invoice to the lessee at the address provided under
Subsection (d) by certified [first class] mail before the 30th day
after the date of receipt of the required information from the
lessor.
(e) 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 transferred ownership of the
vehicle to another person before the toll was incurred, submitted
written notice of the transfer to the department in accordance with
Section 501.147, and, before the 30th day after the date the invoice
is mailed, provides to the department the name and address of the
person to whom the vehicle was transferred. If the former owner of
the vehicle provides the required information within the period
prescribed, the department may send an invoice to the person to whom
ownership of the vehicle was transferred at the address provided by
the former owner by certified [first class] mail before the 30th day
after the date of receipt of the required information from the
former owner. The department may send all subsequent invoices
associated with the vehicle to the person to whom ownership of the
vehicle was transferred at the address provided by the former owner
or an alternate address provided by the subsequent owner or derived
through other reliable means.
SECTION 3. Section 228.056(b), Transportation Code, is
amended to read as follows:
(b) In the prosecution of an offense under Section 228.0547:
(1) [it is presumed that the invoice containing the
assessment for the toll was received on the fifth day after the date
of mailing;
[(2)] a computer record of the Texas Department of
Motor Vehicles of the registered owner of the vehicle is prima facie
evidence of its contents and that the defendant was the registered
owner of the vehicle when the toll was incurred; and
(2) [(3)] a copy of the rental, lease, or other
contract document, or the electronic data provided to the
department under Section 228.055(d), covering the vehicle on the
date the toll was incurred is prima facie evidence of its contents
and that the defendant was the lessee of the vehicle when the toll
was incurred.
SECTION 4. Sections 284.0701(b), (d-1), and (e),
Transportation Code, are amended to read as follows:
(b) The county may impose and collect the administrative
cost so as to recover the expense of collecting the unpaid toll, not
to exceed $100. The county shall send a written notice of
nonpayment to the registered owner of the vehicle at that owner's
address as shown in the vehicle registration records of the Texas
Department of Motor Vehicles by certified [first-class] mail not
later than the 30th day after the date of the alleged failure to pay
and may require payment not sooner than the 30th day after the date
the notice was mailed. The registered owner shall pay a separate
toll and administrative cost for each event of nonpayment under
Section 284.070.
(d-1) If the lessor provides the required information
within the period prescribed under Subsection (d), the authority
may send a notice of nonpayment to the lessee at the address
provided under Subsection (d) by certified [first class] mail
before the 30th day after the date of receipt of the required
information from the lessor. The lessee of the vehicle for which
the proper toll was not paid who is mailed a written notice of
nonpayment under this subsection and fails to pay the proper toll
and administrative cost within the time specified by the notice of
nonpayment commits an offense. The lessee shall pay a separate toll
and administrative cost for each event of nonpayment. Each failure
to pay a toll or administrative cost under this subsection is a
separate offense.
(e) It is an exception to the application of Subsection (a)
or (c) if the registered owner of the vehicle transferred ownership
of the vehicle to another person before the event of nonpayment
under Section 284.070 occurred, submitted written notice of the
transfer to the Texas Department of Motor Vehicles in accordance
with Section 501.147, and before the 30th day after the date the
notice of nonpayment is mailed, provides to the county the name and
address of the person to whom the vehicle was transferred. If the
former owner of the vehicle provides the required information
within the period prescribed, the county may send a notice of
nonpayment to the person to whom ownership of the vehicle was
transferred at the address provided by the former owner by
certified [first-class] mail before the 30th day after the date of
receipt of the required information from the former owner. The
subsequent owner of the vehicle for which the proper toll was not
paid who is mailed a written notice of nonpayment under this
subsection and fails to pay the proper toll and administrative cost
within the time specified by the notice of nonpayment commits an
offense. The subsequent owner shall pay a separate toll and
administrative cost for each event of nonpayment under Section
284.070. Each failure to pay a toll or administrative cost under
this subsection is a separate offense.
SECTION 5. Section 284.0703, Transportation Code, is
amended to read as follows:
Sec. 284.0703. METHOD OF SENDING INVOICE OR NOTICE.
Notwithstanding [As authorized under] Section 322.008(d)
[322.008(d)(2)], Business & Commerce Code, a county may provide an
invoice or notice required under this chapter to be sent by
certified [first class] mail instead as an electronic record:
(1) if the recipient of the information agrees to the
transmission of the information as an electronic record; and
(2) on terms acceptable to the recipient.
SECTION 6. Sections 366.178(b-2), (b-4), (d-1), (d-2),
(i-1), and (k), Transportation Code, are amended to read as
follows:
(b-2) If the authority does not collect the proper toll at
the time a vehicle is driven or towed through a toll assessment
facility, the authority shall send an invoice by certified [first
class] mail to the registered owner of the vehicle. The invoice may
include one or more tolls assessed by the authority for use of the
project by the nonpaying vehicle and must specify the date by which
the toll or tolls must be paid. Except as provided by Subsection
(b-3), the registered owner shall pay the unpaid tolls included in
the invoice not later than the 25th day after the date the invoice
is mailed.
(b-4) If the registered owner of the nonpaying vehicle fails
to pay the unpaid tolls included in the invoice mailed under
Subsection (b-2) or (b-3) by the date specified in the invoice, the
authority shall send the first notice of nonpayment by certified
[first class] mail to the registered owner of the nonpaying vehicle
as provided by Subsection (d).
(d-1) If the registered owner of the nonpaying vehicle fails
to pay the unpaid tolls and the administrative fee by the date
specified in the first notice of nonpayment, the authority shall
send a second notice of nonpayment by certified [first class] mail
to the registered owner of the nonpaying vehicle. The second
notice of nonpayment must specify the date by which payment must be
made and may require payment of:
(1) the unpaid tolls and administrative fee included
in the first notice of nonpayment; and
(2) an additional administrative fee of not more than
$25 for each unpaid toll included in the notice, not to exceed a
total of $200.
(d-2) If the registered owner of the nonpaying vehicle fails
to pay the amount included in the second notice of nonpayment by the
date specified in that notice, the authority shall send a third
notice of nonpayment by certified [first class] mail to the
registered owner of the nonpaying vehicle. The third notice of
nonpayment must specify the date by which payment must be made and
may require payment of:
(1) the amount included in the second notice of
nonpayment; and
(2) any third-party collection service fees incurred
by the authority.
(i-1) If the lessor timely provides the required
information under Subsection (i), the lessee of the vehicle on the
date the unpaid toll was assessed is considered to be the registered
owner of the vehicle for purposes of this section, and the authority
shall follow the procedures provided by this section as if the
lessee were the registered owner of the vehicle, including sending
an invoice to the lessee by certified [first-class] mail not later
than the 30th day after the date of the receipt of the information
from the lessor.
(k) Notwithstanding [As authorized under] Section
322.008(d) [322.008(d)(2)], Business & Commerce Code, an authority
may provide information, including an invoice or notice, required
under this section to be sent by certified [first class] mail
instead as an electronic record:
(1) if the recipient of the information agrees to the
transmission of the information as an electronic record; and
(2) on terms acceptable to the recipient.
SECTION 7. Sections 370.177(c), (e-1), (f), and (n),
Transportation Code, are amended to read as follows:
(c) The authority may impose and collect the administrative
fee to recover the cost of collecting the unpaid toll, not to exceed
$100. The authority shall send a written notice of nonpayment to
the registered owner of the vehicle at that owner's address as shown
in the vehicle registration records of the department by certified
[first class] mail not later than the 30th day after the date of the
alleged failure to pay and may require payment not sooner than the
30th day after the date the notice was mailed. The registered owner
shall pay a separate toll and administrative fee for each event of
nonpayment under Subsection (a).
(e-1) If the lessor provides the required information
within the period prescribed under Subsection (e), the authority
may send a notice of nonpayment to the lessee at the address
provided under Subsection (e) by certified [first class] mail
before the 30th day after the date of receipt of the required
information from the lessor. The lessee of the vehicle for which
the proper toll was not paid who is mailed a written notice of
nonpayment under this subsection and fails to pay the proper toll
and administrative fee within the time specified by the notice of
nonpayment commits an offense. The lessee shall pay a separate toll
and administrative fee for each event of nonpayment. Each failure
to pay a toll or administrative fee under this subsection is a
separate offense.
(f) It is an exception to the application of Subsection (b)
or (d) that the registered owner of the vehicle transferred
ownership of the vehicle to another person before the event of
nonpayment under Subsection (a) occurred, submitted written notice
of the transfer to the department in accordance with Section
501.147, and before the 30th day after the date the notice of
nonpayment is mailed, provides to the authority the name and
address of the person to whom the vehicle was transferred. If the
former owner of the vehicle provides the required information
within the period prescribed, the authority may send a notice of
nonpayment to the person to whom ownership of the vehicle was
transferred at the address provided by the former owner by
certified [first class] mail before the 30th day after the date of
receipt of the required information from the former owner. The
subsequent owner of the vehicle for which the proper toll was not
paid who is mailed a written notice of nonpayment under this
subsection and fails to pay the proper toll and administrative fee
within the time specified by the notice of nonpayment commits an
offense. The subsequent owner shall pay a separate toll and
administrative fee for each event of nonpayment under Subsection
(a). Each failure to pay a toll or administrative fee under this
subsection is a separate offense.
(n) Notwithstanding [As authorized under] Section
322.008(d) [322.008(d)(2)], Business & Commerce Code, an authority
may provide an invoice or notice required under this section to be
sent by certified [first class] mail instead as an electronic
record:
(1) if the recipient of the information agrees to the
transmission of the information as an electronic record; and
(2) on terms acceptable to the recipient.
SECTION 8. Section 372.056(b), Transportation Code, is
amended to read as follows:
(b) A notice or an invoice of unpaid tolls sent by certified
[first class] mail must clearly indicate on the outside of the
envelope that the document enclosed is a bill and the recipient is
expected to pay the amount indicated.
SECTION 9. Section 372.057(a), Transportation Code, is
amended to read as follows:
(a) An invoice or notice provided to a person by a toll
project entity may be provided by:
(1) certified [first class] mail;
(2) e-mail if the person has provided an e-mail
address to the entity and has elected to receive notice
electronically; or
(3) text message if the person has provided a phone
number to the entity and has elected to receive notice by text
message.
SECTION 10. Section 372.101, Transportation Code, is
amended to read as follows:
Sec. 372.101. APPLICABILITY. Except as provided by Section
372.1041, this [This] subchapter does not apply to a county acting
under Chapter 284.
SECTION 11. Section 372.104(a), Transportation Code, is
amended to read as follows:
(a) If the registered owner of the vehicle fails to comply
with the terms of an agreement described by Section 372.103, a toll
project entity may send by certified [first class] mail to the
person at the address shown on the agreement a written notice
demanding payment of the outstanding balance due.
SECTION 12. Subchapter C, Chapter 372, Transportation Code,
is amended by adding Section 372.1041 to read as follows:
Sec. 372.1041. COLLECTION OF OUTSTANDING BALANCE DUE.
Notwithstanding any other law, a toll project entity must send by
certified mail to a person at least three written notices or
invoices containing any outstanding balance due before taking any
other action to collect the outstanding balance, including
referring the matter to a third-party debt collector.
SECTION 13. Sections 372.106(c) and (d), Transportation
Code, are amended to read as follows:
(c) The notice must:
(1) be sent by certified [first class] mail [and is
presumed received on the fifth day after the date the notice is
mailed]; and
(2) state:
(A) the total number of events of nonpayment and
the total amount due for tolls and administrative fees;
(B) the date of the determination under
Subsection (a);
(C) the right of the person to request a hearing
on the determination; and
(D) the procedure for requesting a hearing,
including the period during which the request must be made.
(d) If not later than the 30th day after the date on which
the person [is presumed to have] received the notice the toll
project entity receives a written request for a hearing, a hearing
shall be held as provided by Section 372.107.
SECTION 14. Section 372.110(b), Transportation Code, is
amended to read as follows:
(b) The notice required by Subsection (a)(2) must be sent by
certified [first class] mail to the registered owner at an address
under Section 372.106(b) at least 10 days before the date the
prohibition order takes effect [and is presumed received on the
fifth day after the date the notice is mailed].
SECTION 15. Section 372.116, Transportation Code, is
amended to read as follows:
Sec. 372.116. METHOD OF SENDING INVOICE OR NOTICE.
Notwithstanding [As authorized under] Section 322.008(d)
[322.008(d)(2)], Business & Commerce Code, a toll project entity
may provide an invoice or notice required under this subchapter to
be sent by certified [first class] mail instead as an electronic
record:
(1) if the recipient of the information agrees to the
transmission of the information as an electronic record; and
(2) on terms acceptable to the recipient.
SECTION 16. The changes in law made by this Act apply only
to the collection of a toll incurred on or after the effective date
of this Act. The collection of a toll incurred before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and that law is continued in effect
for that purpose.
SECTION 17. This Act takes effect September 1, 2025.