Harrison Toll Bill Caps Late Fees At $48 A Year

The text as introduced · 3,168 words

By: Harrison
H.B. No. 1333

A BILL TO BE ENTITLED

AN ACT

relating to toll collection and enforcement by toll project

entities; authorizing an administrative fee; imposing a civil

penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

ARTICLE 1. PAYMENT OF TOLLS

SECTION 1.01. Chapter 372, Transportation Code, is amended

by adding Subchapter B-1 to read as follows:

SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT

Sec. 372.071. DEFINITION. In this subchapter, "registered

owner" means an owner as defined by Section 502.001.

Sec. 372.072. TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES

EXEMPT. (a) The operator of a vehicle, other than an authorized

emergency vehicle as defined by Section 541.201, that is driven or

towed through a toll collection facility of a toll project shall

pay the proper toll. The exemption from payment of a toll for an

authorized emergency vehicle applies regardless of whether the

vehicle is:

(1) responding to an emergency;

(2) displaying a flashing light; or

(3) marked as an emergency vehicle.

(b) Notwithstanding Subsection (a), a toll project entity

may waive the requirement of the payment of a toll or may authorize

the payment of a reduced toll for any vehicle or class of vehicles.

Sec. 372.073. TOLL NOT PAID AT TIME OF USE; INVOICE. (a) As

an alternative to requiring payment of a toll at the time a vehicle

is driven or towed through a toll collection facility, a toll

project entity shall use video billing or other tolling methods to

permit the registered owner of the vehicle to pay the toll at a

later date.

(b) A toll project entity may use automated enforcement

technology, including video recordings, photography, electronic

data, and transponders, or other tolling methods to identify the

registered owner of the vehicle for purposes of billing,

collection, and enforcement activities.

(c) A toll project entity shall send by first class mail to

the registered owner of a vehicle a written invoice containing an

assessment for tolls incurred by the vehicle.

(d) A toll project entity shall send the invoice required

under Subsection (c) and related communications to:

(1) the registered owner's address as shown in the

vehicle registration records of the Texas Department of Motor

Vehicles or the analogous department or agency of another state or

country; or

(2) an alternate address provided by the owner or

derived through other reliable means.

(e) A toll project entity may provide that the invoice

required under Subsection (c), instead of being sent by 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.

(f) A toll project entity that sends an initial invoice

required under Subsection (c) may not assess an additional fee

other than a postage fee to the amount owed by the owner of the

vehicle.

Sec. 372.074. INVOICE REQUIREMENTS; PAYMENT DUE DATE. An

invoice containing an assessment for the use of a toll project

must:

(1) require payment not later than the 30th day after

the date the invoice is mailed; and

(2) conspicuously state:

(A) the amount due;

(B) the date by which the amount due must be paid;

(C) that failure to pay the amount due in the

required period will result in the assessment of an administrative

fee; and

(D) that failure to pay two or more invoices will

result in a civil penalty.

Sec. 372.075. PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.

(a) A person who receives an invoice under this subchapter for the

use of a toll project shall, not later than the due date specified

in the invoice:

(1) pay the amount owed as stated in the invoice; or

(2) send a written request to the toll project entity

for a review of the toll assessments contained in the invoice.

(b) If a person fails to comply with Subsection (a), a toll

project entity may add an administrative fee, not to exceed $6, to

the amount the person owes. The toll project entity:

(1) must set the administrative fee by rule in an

amount that does not exceed the cost of collecting the toll; and

(2) may not charge a person more than $48 in

administrative fees in a 12-month period.

(c) A toll project entity other than a county under Chapter

284 may contract, in accordance with Section 2107.003, Government

Code, with a person to collect unpaid tolls and any applicable

administrative fees from a person who has failed to pay at least

six consecutive months of unpaid tolls before referring the matter

to a court with jurisdiction over a civil penalty under Section

372.078.

(d) A toll project entity may not collect unpaid tolls and

administrative fees through an administrative adjudication hearing

conducted by the toll project entity or a person who contracts with

the toll project entity to conduct hearings.

Sec. 372.076. PAYMENT PLAN. In the second invoice for

unpaid tolls sent to a person by a toll project entity, the toll

project entity shall provide to the person the option to pay the

tolls through a payment plan.

Sec. 372.077. NOTICE OF RETURNED PAYMENT. A toll project

entity must immediately notify the holder of an electronic toll

collection customer account that a payment by the credit card or

debit card associated with the account was declined or could not

otherwise be processed.

Sec. 372.078. CIVIL PENALTY FOR FAILURE TO PAY TWO OR MORE

INVOICES. (a) Except as provided by Subsection (c), a person who

receives two or more invoices for unpaid tolls and who has not paid

the amounts due on or before the due dates specified in the

invoices is subject to a civil penalty of $25. Only one civil

penalty may be assessed in a six-month period. An appropriate

district or county attorney may sue to collect the civil penalty and

the underlying toll and administrative fee.

(b) In determining liability for a civil penalty under this

section, it is presumed that the unpaid invoices were received on

the fifth day after the date of mailing.

(c) A person who enters into a payment plan under Section

372.076 is subject to a civil penalty under Subsection (a) only if

the person fails to make a payment required by the payment plan.

(d) It is a defense to liability for a civil penalty under

this section that the person:

(1) is not liable for payment of each toll assessed in

the unpaid invoices; or

(2) paid the amount owed in the invoices pertaining to

each toll assessed in the invoices for which the person is liable.

(e) The court in which a person is found liable for a civil

penalty under Subsection (a) shall collect the civil penalty,

unpaid tolls, administrative fees, and any additional court costs

and forward the amounts to the appropriate toll project entity.

Sec. 372.079. EXCEPTIONS TO TOLL LIABILITY: LEASED,

TRANSFERRED, OR STOLEN VEHICLE. (a) 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 is a lessor of the

vehicle and not later than the 30th day after the date the invoice

containing an assessment of the toll is mailed provides to the

appropriate toll project entity:

(1) a copy of the rental, lease, or other contract

document covering the vehicle on the date the toll was incurred,

with the name and address of the lessee clearly legible; or

(2) electronic data, in a format agreed on by the toll

project entity and the lessor, other than a photocopy or scan of a

rental or lease contract, that contains the information required

under Sections 521.460(c)(1), (2), and (3) covering the vehicle on

the date the toll was incurred.

(b) If the lessor provides the required information within

the period prescribed under Subsection (a), the toll project entity

may send an invoice to the lessee at the address provided under

Subsection (a) by first class mail not later than the 30th day after

the date of receipt of the required information from the lessor.

(c) 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:

(1) transferred ownership of the vehicle to another

person before the toll was incurred;

(2) submitted written notice of the transfer to the

Texas Department of Motor Vehicles in accordance with Section

501.147; and

(3) not later than the 30th day after the date the

invoice is mailed, provides to the appropriate toll project entity

the name and address of the person to whom the vehicle was

transferred.

(d) If the former owner of the vehicle provides the required

information within the period prescribed under Subsection (c), the

toll project entity may send an invoice to the person to whom

ownership of the vehicle was transferred at the address provided by

the former owner by first class mail not later than the 30th day

after the date of receipt of the required information from the

former owner.

(e) It is an exception to liability of a vehicle's

registered owner for a toll incurred by the vehicle if:

(1) the vehicle in question was stolen before the toll

was incurred and was not recovered by the time the toll was

incurred; and

(2) the theft was reported to the appropriate law

enforcement authority before the earlier of:

(A) the time the toll was incurred; or

(B) eight hours after the discovery of the theft.

Sec. 372.080. PRESUMPTION. Proof that a vehicle passed

through a toll collection facility without payment of the proper

toll, together with proof that the invoice recipient was the

registered owner or the driver of the vehicle when the toll was

incurred, creates a presumption that the invoice recipient is

liable for the toll incurred by the vehicle. The proof may be by a

written statement of a peace officer or toll project entity

employee, video surveillance, or any other reasonable evidence,

including:

(1) evidence obtained by automated enforcement

technology that the toll project entity determines is necessary,

including automated enforcement technology described by Section

372.073(b); or

(2) a copy of the rental, lease, or other contract

document or the electronic data provided to the toll project entity

under Section 372.079(a) that shows that the invoice recipient was

the lessee of the vehicle when the toll was incurred.

Sec. 372.081. CONFIDENTIALITY OF INFORMATION RELATED TO

TOLL COLLECTION AND ENFORCEMENT. Information collected for the

purposes of this subchapter, including contact, payment, and other

account information and trip data, is confidential and not subject

to disclosure under Chapter 552, Government Code.

SECTION 1.02. Section 372.058, Transportation Code, is

transferred to Subchapter B-1, Chapter 372, Transportation Code, as

added by this Act, redesignated as Section 372.082, Transportation

Code, and amended to read as follows:

Sec. 372.082 [ 372.058 ]. INFORMATION SHARING AND CONTRACTS

BETWEEN TOLL PROJECT ENTITIES. (a) Notwithstanding the

confidentiality of electronic toll collection customer account

information, including confidentiality under Sections 228.057(e),

366.179(d), [ 370.177(m), ] 370.178(d), [ and ] 372.051(a), and

372.081, a toll project entity with an electronic toll collection

customer may provide to another toll project entity electronic toll

collection customer account information for the purposes of

customer service, toll collection, enforcement, or reporting

requirements.

(b) The provision of electronic toll collection customer

account information under Subsection (a) must ensure the

confidentiality of all account information.

(c) A contract between toll project entities for the

collection of tolls must[ :

[ (1) specify which entity is responsible for making

the determinations, sending notices, and taking other actions, as

applicable, under Section 372.055; and

[ (2) ] include terms to ensure that customers do not

receive invoices from more than one entity for the same

transaction.

ARTICLE 2. CONFORMING CHANGES

SECTION 2.01. Section 228.059, Transportation Code, is

amended to read as follows:

Sec. 228.059. TOLL COLLECTION AND ENFORCEMENT BY OTHER

ENTITY. (a) An entity operating a toll lane pursuant to Section

228.007(b) or under an agreement under Subchapter E, Chapter 223,

has, with regard to toll collection and enforcement for that toll

lane, the same powers and duties as the department under this

chapter and Subchapter B-1, Chapter 372 , except as provided by

Subsection (b). The entity may use revenues for improvement,

extension, expansion, or maintenance of the toll lane.

(b) Notwithstanding any [ Sections 228.0545, 228.0546, and

228.0547 or ] other law, a toll collected pursuant to an agreement

for tolling services with a toll project entity, as defined by

Section 371.001, other than the department is governed by the fee

and fine structure of the entity issuing the initial toll invoice.

SECTION 2.02. The heading to Subchapter D, Chapter 284,

Transportation Code, is amended to read as follows:

SUBCHAPTER D. MISCELLANEOUS TOLL COLLECTION PROVISIONS

[ UNAUTHORIZED USE OF TOLL ROADS IN CERTAIN COUNTIES ]

SECTION 2.03. The heading to Section 284.2031,

Transportation Code, is amended to read as follows:

Sec. 284.2031. CIVIL [ AND CRIMINAL ] ENFORCEMENT: FINE.

SECTION 2.04. Section 284.2031(a), Transportation Code, is

amended to read as follows:

(a) A county may impose, in addition to other costs, a fine

of $1 on the imposition of a civil penalty [ conviction to a

defendant convicted of an offense ] under Section 372.078 [ 284.070,

284.0701, or 284.203 ] in an action brought by the county or district

attorney.

SECTION 2.05. Section 366.038(h), Transportation Code, is

amended to read as follows:

(h) For purposes of Subchapter C, Chapter 372, a toll

project for which an authority provides tolling services under a

tolling services agreement is considered a toll project of the

authority and the authority is considered the toll project entity

with respect to all rights and remedies arising under that

subchapter regarding the toll project. The authority may not stop

[ , detain, or impound ] a motor vehicle as authorized under that

subchapter on a toll project's active traffic lanes unless a

tolling service agreement addresses that action.

SECTION 2.06. Subchapter E, Chapter 366, Transportation

Code, is amended by adding Section 366.186 to read as follows:

Sec. 366.186. OTHER POWERS AND DUTIES RELATED TO TOLL

COLLECTION AND ENFORCEMENT. In addition to the other powers and

duties provided by this chapter and Chapter 372, an authority has

the same powers and duties as the department under Chapter 228, a

county under Chapter 284, and a regional mobility authority under

Chapter 370 regarding the authority's toll collection and

enforcement powers for:

(1) the authority's turnpike projects; and

(2) other toll projects developed, financed,

constructed, or operated under an agreement, including a

comprehensive development agreement, with the authority.

SECTION 2.07. Subchapter E, Chapter 370, Transportation

Code, is amended by adding Section 370.194 to read as follows:

Sec. 370.194. OTHER POWERS AND DUTIES RELATED TO TOLL

COLLECTION AND ENFORCEMENT. In addition to the other powers and

duties provided by this chapter and Chapter 372, an authority has

the same powers and duties as the department under Chapter 228, a

county under Chapter 284, and a regional tollway authority under

Chapter 366 regarding the authority's toll collection and

enforcement powers for:

(1) the authority's turnpike projects; and

(2) other toll projects developed, financed,

constructed, or operated under an agreement with the authority or

another entity.

SECTION 2.08. The heading to Subchapter C, Chapter 372,

Transportation Code, is amended to read as follows:

SUBCHAPTER C. ADDITIONAL REMEDIES AND PROCEDURES FOR NONPAYMENT OF

TOLLS : CERTAIN TOLL PROJECT ENTITIES [ ; REMEDIES ]

SECTION 2.09. The heading to Section 372.105,

Transportation Code, is amended to read as follows:

Sec. 372.105. INVOICES PROVIDED IN PERSON FOR USE OF TOLL

PROJECT [ NONPAYMENT ] BY VEHICLES NOT REGISTERED IN THIS STATE.

SECTION 2.10. Sections 372.105(a) and (b), Transportation

Code, are amended to read as follows:

(a) A toll project entity may, in lieu of mailing an invoice

[ a written notice of nonpayment ], serve with an invoice [ a written

notice of nonpayment ] in person an owner of a vehicle that is not

registered in this state, including the owner of a vehicle

registered in another state of the United States, the United

Mexican States, a state of the United Mexican States, or another

country or territory. An invoice [ A notice of nonpayment ] may also

be served by an employee of a governmental entity operating an

international bridge at the time a vehicle with a record of

nonpayment seeks to enter or leave this state.

(b) An invoice [ Each written notice of nonpayment ] issued

under Subsection (a) must be paid not later than the due date

specified in the invoice [ shall include a warning that the failure

to pay the amounts in the notice may result in the toll project

entity's exercise of the habitual violator remedies under this

subchapter ].

SECTION 2.11. Section 541.201(13-a), Transportation Code,

as effective January 1, 2025, is amended to read as follows:

(13-a) "Police vehicle" means a vehicle used by a

peace officer, as defined by Article 2A.001, Code of Criminal

Procedure, for law enforcement purposes that:

(A) is owned or leased by a governmental entity;

(B) is owned or leased by the police department

of a private institution of higher education that commissions peace

officers under Section 51.212, Education Code; or

(C) is:

(i) a private vehicle owned or leased by the

peace officer; and

(ii) approved for use for law enforcement

purposes by the head of the law enforcement agency that employs the

peace officer, or by that person's designee, provided that use of

the private vehicle must, if applicable, comply with any rule

adopted by the commissioners court of a county under Section

170.001, Local Government Code, and that the private vehicle may

not be considered an authorized emergency vehicle for exemption

purposes under Section 372.072 [ 228.054, 284.070, 366.178, or

370.177 ] of this code unless the vehicle is marked.

ARTICLE 3. REPEALERS

SECTION 3.01. The following provisions of the

Transportation Code are repealed:

(1) Section 228.001(3-a);

(2) Sections 228.054, 228.0545, 228.0546, 228.0547,

228.055, and 228.056;

(3) Sections 284.070, 284.0701, 284.0702, 284.202,

284.203, 284.2032, 284.204, 284.205, 284.206, 284.207, 284.208,

284.209, 284.210, 284.211, and 284.212;

(4) Section 284.2031(b);

(5) Section 366.178;

(6) Section 370.177;

(7) Sections 372.054, 372.055, 372.0555, 372.056,

372.057, 372.102, 372.106, 372.107, 372.108, 372.109, 372.110,

372.111, 372.112, 372.113, 372.114, and 372.115;

(8) Sections 372.105(c), (d), (e), and (f); and

(9) Section 502.011.

ARTICLE 4. TRANSITION; EFFECTIVE DATE

SECTION 4.01. The changes in law made by this Act apply only

to a toll incurred on or after the effective date of this Act. A toll

incurred before the effective date of this Act is governed by the

law in effect on the date the toll was incurred, and the former law

is continued in effect for that purpose.

SECTION 4.02. This Act takes effect immediately if it

receives a vote of two-thirds of all the members elected to each

house, as provided by Section 39, Article III, Texas Constitution.

If this Act does not receive the vote necessary for immediate

effect, this Act takes effect September 1, 2025.