toll invoices by certified mail

The text as introduced · 2,946 words

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.