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Amend CSHB 300 by adding the following appropriately numbered
ARTICLE to the bill and renumbering subsequent ARTICLES of the bill
accordingly:
ARTICLE ____. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF TOLL
PROJECT
SECTION ____.01. Chapter 372, Transportation Code, is
amended by adding Section 372.053 to read as follows:
Sec. 372.053. USE OF TRANSPONDERS. (a) In this section,
"Transponder" means a device, placed on or in a motor vehicle, that
is capable of transmitting information used to assess or to collect
tolls.
(b) A toll project entity shall waive any fees and penalties
for the failure to pay a toll while driving or towing a vehicle
through a toll booth or toll plaza if:
(1) a transponder registered to the vehicle or
associated with the vehicle's license plate was used when the
vehicle was driven or towed through the toll booth or plaza;
(2) the failure to collect the tolls is due solely to
transponder or toll equipment error, including failure to read a
transponder at a transponder toll plaza;
(3) the transponder was properly installed; and
(4) the transponder was not damaged by the person to
the extent that it could not collect the tolls.
(c) A toll project entity that waives fees and penalties
under Subsection (b) may notify the registered owner of the vehicle
to which the transponder is registered that the transponder must be
replaced, and is not required to waive subsequent fees and
penalties for tolls not paid after the owner has been given a
reasonable opportunity to replace the transponder.
(d) Subsection (b) does not relieve the registered owner of
liability for payment of the toll.
(e) A toll project entity shall waive any fees and penalties
for driving or towing a vehicle through a toll booth or toll plaza
while using a transponder on or in a motor vehicle to which the
transponder was not previously registered if:
(1) the tolls incurred by the person are collected
successfully by transponder; and
(2) the vehicle is of the same toll classification as
the vehicle to which the transponder was registered.