Texas 2025 - 89th Regular

Texas Senate Bill SB137 Compare Versions

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Old	New	Differences
1	1	89R2420 CXP-D
2	2	By: Hall, Middleton S.B. No. 137
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to toll collection and enforcement by toll project
10	10	entities; authorizing an administrative fee; imposing a civil
11	11	penalty.
12	12	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
13	13	ARTICLE 1. PAYMENT OF TOLLS
14	14	SECTION 1.01. Chapter 372, Transportation Code, is amended
15	15	by adding Subchapter B-1 to read as follows:
16	16	SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
17	17	Sec. 372.071. DEFINITION. In this subchapter, "registered
18	18	owner" means an owner as defined by Section 502.001.
19	19	Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
20	20	EXEMPT. (a) The operator of a vehicle, other than an authorized
21	21	emergency vehicle as defined by Section 541.201, that is driven or
22	22	towed through a toll collection facility of a toll project shall pay
23	23	the proper toll. The exemption from payment of a toll for an
24	24	authorized emergency vehicle applies regardless of whether the
25	25	vehicle is:
26	26	(1) responding to an emergency;
27	27	(2) displaying a flashing light; or
28	28	(3) marked as an emergency vehicle.
29	29	(b) Notwithstanding Subsection (a), a toll project entity
30	30	may waive the requirement of the payment of a toll or may authorize
31	31	the payment of a reduced toll for any vehicle or class of vehicles.
32	32	Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As
33	33	an alternative to requiring payment of a toll at the time a vehicle
34	34	is driven or towed through a toll collection facility, a toll
35	35	project entity shall use video billing or other tolling methods to
36	36	permit the registered owner of the vehicle to pay the toll at a
37	37	later date.
38	38	(b) A toll project entity may use automated enforcement
39	39	technology, including video recordings, photography, electronic
40	40	data, and transponders, or other tolling methods to identify the
41	41	registered owner of the vehicle for purposes of billing,
42	42	collection, and enforcement activities.
43	43	(c) A toll project entity shall send by first class mail to
44	44	the registered owner of a vehicle a written invoice containing an
45	45	assessment for tolls incurred by the vehicle.
46	46	(d) A toll project entity shall send the invoice required
47	47	under Subsection (c) and related communications to:
48	48	(1) the registered owner's address as shown in the
49	49	vehicle registration records of the Texas Department of Motor
50	50	Vehicles or the analogous department or agency of another state or
51	51	country; or
52	52	(2) an alternate address provided by the owner or
53	53	derived through other reliable means.
54	54	(e) A toll project entity may provide that the invoice
55	55	required under Subsection (c), instead of being sent by first class
56	56	mail, be sent as an electronic record to a registered owner that
57	57	agrees to the terms of the electronic record transmission of the
58	58	information.
59	59	(f) A toll project entity that sends an initial invoice
60	60	required under Subsection (c) may not assess an additional fee
61	61	other than a postage fee to the amount owed by the owner of the
62	62	vehicle.
63	63	Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An
64	64	invoice containing an assessment for the use of a toll project 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 six
93	93	consecutive months of unpaid tolls before referring the matter to a
94	94	court with jurisdiction over a civil penalty under Section 372.078.
95	95	(d) A toll project entity may not collect unpaid tolls and
96	96	administrative fees through an administrative adjudication hearing
97	97	conducted by the toll project entity or a person who contracts with
98	98	the toll project entity to conduct hearings.
99	99	Sec. 372.076. PAYMENT PLAN. In the second invoice for
100	100	unpaid tolls sent to a person by a toll project entity, the toll
101	101	project entity shall provide to the person the option to pay the
102	102	tolls through a payment plan.
103	103	Sec. 372.077. NOTICE OF RETURNED PAYMENT. A toll project
104	104	entity must immediately notify the holder of an electronic toll
105	105	collection customer account that a payment by the credit card or
106	106	debit card associated with the account was declined or could not
107	107	otherwise be processed.
108	108	Sec. 372.078. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE
109	109	INVOICES. (a) Except as provided by Subsection (c), a person who
110	110	receives two or more invoices for unpaid tolls and who has not paid
111	111	the amounts due on or before the due dates specified in the invoices
112	112	is subject to a civil penalty of $25. Only one civil penalty may be
113	113	assessed in a six-month period. An appropriate district or county
114	114	attorney may sue to collect the civil penalty and the underlying
115	115	toll and administrative fee.
116	116	(b) In determining liability for a civil penalty under this
117	117	section, it is presumed that the unpaid invoices were received on
118	118	the fifth day after the date of mailing.
119	119	(c) A person who enters into a payment plan under Section
120	120	372.076 is subject to a civil penalty under Subsection (a) only if
121	121	the person fails to make a payment required by the payment plan.
122	122	(d) It is a defense to liability for a civil penalty under
123	123	this section that the person:
124	124	(1) is not liable for payment of each toll assessed in
125	125	the unpaid invoices; or
126	126	(2) paid the amount owed in the invoices pertaining to
127	127	each toll assessed in the invoices for which the person is liable.
128	128	(e) The court in which a person is found liable for a civil
129	129	penalty under Subsection (a) shall collect the civil penalty,
130	130	unpaid tolls, administrative fees, and any additional court costs
131	131	and forward the amounts to the appropriate toll project entity.
132	132	Sec. 372.079. EXCEPTIONS TO TOLL LIABILITY: LEASED,
133	133	TRANSFERRED, OR STOLEN VEHICLE. (a) It is an exception to
134	134	liability of a vehicle's registered owner for a toll incurred by the
135	135	vehicle if the registered owner of the vehicle is a lessor of the
136	136	vehicle and not later than the 30th day after the date the invoice
137	137	containing an assessment of the toll is mailed provides to the
138	138	appropriate toll project entity:
139	139	(1) a copy of the rental, lease, or other contract
140	140	document covering the vehicle on the date the toll was incurred,
141	141	with the name and address of the lessee clearly legible; or
142	142	(2) electronic data, in a format agreed on by the toll
143	143	project entity and the lessor, other than a photocopy or scan of a
144	144	rental or lease contract, that contains the information required
145	145	under Sections 521.460(c)(1), (2), and (3) covering the vehicle on
146	146	the date the toll was incurred.
147	147	(b) If the lessor provides the required information within
148	148	the period prescribed under Subsection (a), the toll project entity
149	149	may send an invoice to the lessee at the address provided under
150	150	Subsection (a) by first class mail not later than the 30th day after
151	151	the date of receipt of the required information from the lessor.
152	152	(c) It is an exception to liability of a vehicle's
153	153	registered owner for a toll incurred by the vehicle if the
154	154	registered owner of the vehicle:
155	155	(1) transferred ownership of the vehicle to another
156	156	person before the toll was incurred;
157	157	(2) submitted written notice of the transfer to the
158	158	Texas Department of Motor Vehicles in accordance with Section
159	159	501.147; and
160	160	(3) not later than the 30th day after the date the
161	161	invoice is mailed, provides to the appropriate toll project entity
162	162	the name and address of the person to whom the vehicle was
163	163	transferred.
164	164	(d) If the former owner of the vehicle provides the required
165	165	information within the period prescribed under Subsection (c), the
166	166	toll project entity may send an invoice to the person to whom
167	167	ownership of the vehicle was transferred at the address provided by
168	168	the former owner by first class mail not later than the 30th day
169	169	after the date of receipt of the required information from the
170	170	former owner.
171	171	(e) It is an exception to liability of a vehicle's
172	172	registered owner for a toll incurred by the vehicle if:
173	173	(1) the vehicle in question was stolen before the toll
174	174	was incurred and was not recovered by the time the toll was
175	175	incurred; and
176	176	(2) the theft was reported to the appropriate law
177	177	enforcement authority before the earlier of:
178	178	(A) the time the toll was incurred; or
179	179	(B) eight hours after the discovery of the theft.
180	180	Sec. 372.080. PRESUMPTION. Proof that a vehicle passed
181	181	through a toll collection facility without payment of the proper
182	182	toll, together with proof that the invoice recipient was the
183	183	registered owner or the driver of the vehicle when the toll was
184	184	incurred, creates a presumption that the invoice recipient is
185	185	liable for the toll incurred by the vehicle. The proof may be by a
186	186	written statement of a peace officer or toll project entity
187	187	employee, video surveillance, or any other reasonable evidence,
188	188	including:
189	189	(1) evidence obtained by automated enforcement
190	190	technology that the toll project entity determines is necessary,
191	191	including automated enforcement technology described by Section
192	192	372.073(b); or
193	193	(2) a copy of the rental, lease, or other contract
194	194	document or the electronic data provided to the toll project entity
195	195	under Section 372.079(a) that shows that the invoice recipient was
196	196	the lessee of the vehicle when the toll was incurred.
197	197	Sec. 372.081. CONFIDENTIALITY OF INFORMATION RELATED TO
198	198	TOLL COLLECTION AND ENFORCEMENT. Information collected for the
199	199	purposes of this subchapter, including contact, payment, and other
200	200	account information and trip data, is confidential and not subject
201	201	to disclosure under Chapter 552, Government Code.
202	202	SECTION 1.02. Section 372.058, Transportation Code, is
203	203	transferred to Subchapter B-1, Chapter 372, Transportation Code, as
204	204	added by this Act, redesignated as Section 372.082, Transportation
205	205	Code, and amended to read as follows:
206	206	Sec. 372.082 [372.058]. INFORMATION SHARING AND CONTRACTS
207	207	BETWEEN TOLL PROJECT ENTITIES. (a) Notwithstanding the
208	208	confidentiality of electronic toll collection customer account
209	209	information, including confidentiality under Sections 228.057(e),
210	210	366.179(d), [370.177(m),] 370.178(d), [and] 372.051(a), and
211	211	372.081, a toll project entity with an electronic toll collection
212	212	customer may provide to another toll project entity electronic toll
213	213	collection customer account information for the purposes of
214	214	customer service, toll collection, enforcement, or reporting
215	215	requirements.
216	216	(b) The provision of electronic toll collection customer
217	217	account information under Subsection (a) must ensure the
218	218	confidentiality of all account information.
219	219	(c) A contract between toll project entities for the
220	220	collection of tolls must[:
221	221	[(1) specify which entity is responsible for making
222	222	the determinations, sending notices, and taking other actions, as
223	223	applicable, under Section 372.055; and
224	224	[(2)] include terms to ensure that customers do not
225	225	receive invoices from more than one entity for the same
226	226	transaction.
227	227	ARTICLE 2. CONFORMING CHANGES
228	228	SECTION 2.01. Section 228.059, Transportation Code, is
229	229	amended to read as follows:
230	230	Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER
231	231	ENTITY. (a) An entity operating a toll lane pursuant to Section
232	232	228.007(b) or under an agreement under Subchapter E, Chapter 223,
233	233	has, with regard to toll collection and enforcement for that toll
234	234	lane, the same powers and duties as the department under this
235	235	chapter and Subchapter B-1, Chapter 372, except as provided by
236	236	Subsection (b). The entity may use revenues for improvement,
237	237	extension, expansion, or maintenance of the toll lane.
238	238	(b) Notwithstanding any [Sections 228.0545, 228.0546, and
239	239	228.0547 or] other law, a toll collected pursuant to an agreement
240	240	for tolling services with a toll project entity, as defined by
241	241	Section 371.001, other than the department is governed by the fee
242	242	and fine structure of the entity issuing the initial toll invoice.
243	243	SECTION 2.02. The heading to Subchapter D, Chapter 284,
244	244	Transportation Code, is amended to read as follows:
245	245	SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS
246	246	[UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES]
247	247	SECTION 2.03. The heading to Section 284.2031,
248	248	Transportation Code, is amended to read as follows:
249	249	Sec. 284.2031. CIVIL [AND CRIMINAL] ENFORCEMENT: FINE.
250	250	SECTION 2.04. Section 284.2031(a), Transportation Code, is
251	251	amended to read as follows:
252	252	(a) A county may impose, in addition to other costs, a fine
253	253	of $1 on the imposition of a civil penalty [conviction to a
254	254	defendant convicted of an offense] under Section 372.078 [284.070,
255	255	284.0701, or 284.203] in an action brought by the county or district
256	256	attorney.
257	257	SECTION 2.05. Section 366.038(h), Transportation Code, is
258	258	amended to read as follows:
259	259	(h) For purposes of Subchapter C, Chapter 372, a toll
260	260	project for which an authority provides tolling services under a
261	261	tolling services agreement is considered a toll project of the
262	262	authority and the authority is considered the toll project entity
263	263	with respect to all rights and remedies arising under that
264	264	subchapter regarding the toll project. The authority may not stop
265	265	[, detain, or impound] a motor vehicle as authorized under that
266	266	subchapter on a toll project's active traffic lanes unless a
267	267	tolling service agreement addresses that action.
268	268	SECTION 2.06. Subchapter E, Chapter 366, Transportation
269	269	Code, is amended by adding Section 366.186 to read as follows:
270	270	Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL
271	271	COLLECTION AND ENFORCEMENT. In addition to the other powers and
272	272	duties provided by this chapter and Chapter 372, an authority has
273	273	the same powers and duties as the department under Chapter 228, a
274	274	county under Chapter 284, and a regional mobility authority under
275	275	Chapter 370 regarding the authority's toll collection and
276	276	enforcement powers for:
277	277	(1) the authority's turnpike projects; and
278	278	(2) other toll projects developed, financed,
279	279	constructed, or operated under an agreement, including a
280	280	comprehensive development agreement, with the authority.
281	281	SECTION 2.07. Subchapter E, Chapter 370, Transportation
282	282	Code, is amended by adding Section 370.194 to read as follows:
283	283	Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL
284	284	COLLECTION AND ENFORCEMENT. In addition to the other powers and
285	285	duties provided by this chapter and Chapter 372, an authority has
286	286	the same powers and duties as the department under Chapter 228, a
287	287	county under Chapter 284, and a regional tollway authority under
288	288	Chapter 366 regarding the authority's toll collection and
289	289	enforcement powers for:
290	290	(1) the authority's turnpike projects; and
291	291	(2) other toll projects developed, financed,
292	292	constructed, or operated under an agreement with the authority or
293	293	another entity.
294	294	SECTION 2.08. The heading to Subchapter C, Chapter 372,
295	295	Transportation Code, is amended to read as follows:
296	296	SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF
297	297	TOLLS: CERTAIN TOLL PROJECT ENTITIES[; REMEDIES]
298	298	SECTION 2.09. The heading to Section 372.105,
299	299	Transportation Code, is amended to read as follows:
300	300	Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL
301	301	PROJECT [NONPAYMENT] BY VEHICLES NOT REGISTERED IN THIS STATE.
302	302	SECTION 2.10. Sections 372.105(a) and (b), Transportation
303	303	Code, are amended to read as follows:
304	304	(a) A toll project entity may, in lieu of mailing an invoice
305	305	[a written notice of nonpayment], serve with an invoice [a written
306	306	notice of nonpayment] in person an owner of a vehicle that is not
307	307	registered in this state, including the owner of a vehicle
308	308	registered in another state of the United States, the United
309	309	Mexican States, a state of the United Mexican States, or another
310	310	country or territory. An invoice [A notice of nonpayment] may also
311	311	be served by an employee of a governmental entity operating an
312	312	international bridge at the time a vehicle with a record of
313	313	nonpayment seeks to enter or leave this state.
314	314	(b) An invoice [Each written notice of nonpayment] issued
315	315	under Subsection (a) must be paid not later than the due date
316	316	specified in the invoice [shall include a warning that the failure
317	317	to pay the amounts in the notice may result in the toll project
318	318	entity's exercise of the habitual violator remedies under this
319	319	subchapter].
320	320	SECTION 2.11. Section 541.201(13-a), Transportation Code,
321	321	as effective January 1, 2025, is amended to read as follows:
322	322	(13-a) "Police vehicle" means a vehicle used by a
323	323	peace officer, as defined by Article 2A.001, Code of Criminal
324	324	Procedure, for law enforcement purposes that:
325	325	(A) is owned or leased by a governmental entity;
326	326	(B) is owned or leased by the police department
327	327	of a private institution of higher education that commissions peace
328	328	officers under Section 51.212, Education Code; or
329	329	(C) is:
330	330	(i) a private vehicle owned or leased by the
331	331	peace officer; and
332	332	(ii) approved for use for law enforcement
333	333	purposes by the head of the law enforcement agency that employs the
334	334	peace officer, or by that person's designee, provided that use of
335	335	the private vehicle must, if applicable, comply with any rule
336	336	adopted by the commissioners court of a county under Section
337	337	170.001, Local Government Code, and that the private vehicle may
338	338	not be considered an authorized emergency vehicle for exemption
339	339	purposes under Section 372.072 [228.054, 284.070, 366.178, or
340	340	370.177] of this code unless the vehicle is marked.
341	341	ARTICLE 3. REPEALERS
342	342	SECTION 3.01. The following provisions of the
343	343	Transportation Code are repealed:
344	344	(1) Section 228.001(3-a);
345	345	(2) Sections 228.054, 228.0545, 228.0546, 228.0547,
346	346	228.055, and 228.056;
347	347	(3) Sections 284.070, 284.0701, 284.0702, 284.202,
348	348	284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208,
349	349	284.209, 284.210, 284.211, and 284.212;
350	350	(4) Section 284.2031(b);
351	351	(5) Section 366.178;
352	352	(6) Section 370.177;
353	353	(7) Sections 372.054, 372.055, 372.0555, 372.056,
354	354	372.057, 372.102, 372.106, 372.107, 372.108, 372.109, 372.110,
355	355	372.111, 372.112, 372.113, 372.114, and 372.115;
356	356	(8) Sections 372.105(c), (d), (e), and (f); and
357	357	(9) Section 502.011.
358	358	ARTICLE 4. TRANSITION; EFFECTIVE DATE
359	359	SECTION 4.01. The changes in law made by this Act apply only
360	360	to a toll incurred on or after the effective date of this Act. A
361	361	toll incurred before the effective date of this Act is governed by
362	362	the law in effect on the date the toll was incurred, and the former
363	363	law is continued in effect for that purpose.
364	364	SECTION 4.02. This Act takes effect immediately if it
365	365	receives a vote of two-thirds of all the members elected to each
366	366	house, as provided by Section 39, Article III, Texas Constitution.
367	367	If this Act does not receive the vote necessary for immediate
368	368	effect, this Act takes effect September 1, 2025.