H.B. No. 2549
 
 
 
 
AN ACT
  relating to the authority and operation of regional tollway
  authorities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 366.038, Transportation Code, is amended
  by adding Subsection (h) 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.  Section 366.178, Transportation Code, is amended
  by amending Subsections (b-2), (b-3), (d), and (g) and adding
  Subsection (k) 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 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 [30th] day after the date the invoice is
  mailed.
         (b-3)  If the address to which the invoice issued under
  Subsection (b-2) is mailed to the registered owner is determined to
  be incorrect, the registered owner shall pay the invoice not later
  than the 25th [30th] day after the date the invoice is mailed to the
  correct address.
         (d)  Unless an authority requires additional time to send a
  notice of nonpayment because of events outside the authority's
  reasonable control, the authority shall send the first notice of
  nonpayment not later than the 30th day after the date the 25-day
  [30-day] period expires for the registered owner to pay the invoice
  issued under Subsection (b-2) or (b-3). If an authority requires
  additional time as provided by this subsection, the authority must
  send the notice not later than the 60th day after the date the
  25-day [30-day] period expires for the registered owner to pay the
  invoice issued under Subsection (b-2) or (b-3). The first notice of
  nonpayment shall require payment of the unpaid tolls included in
  the invoice and the administrative fee before the 25th [30th] day
  after the date the first notice of nonpayment is mailed.
         (g)  The court of the local jurisdiction in which the unpaid
  toll was assessed may assess and collect the fine in addition to any
  court costs. The court may [shall] collect and forward to the
  authority properly assessed [the] unpaid tolls, administrative
  fees, and third-party collection service fees incurred by the
  authority as determined by:
               (1)  the court after a hearing; or
               (2)  written agreement of the registered owner [on or
  before the date the fines and court costs are collected by the court
  and forward the tolls and fees to the authority. Payment of the
  unpaid tolls, administrative fees, and third-party collection
  service fees by the registered owner may not be waived by the court
  unless the court finds that the registered owner of the vehicle is
  indigent].
         (k)  As authorized under Section 322.008(d)(2), Business &
  Commerce Code, an authority may provide information, including an
  invoice or notice, required under this section to be sent 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 3.  Section 366.261(b), Transportation Code, is
  amended to read as follows:
         (b)  Not later than June 30 [March 31] of each year, an
  authority shall file with the commissioners court of each county of
  the authority a written report on the authority's activities
  describing all turnpike revenue bond issuances anticipated for the
  coming year, the financial condition of the authority, all project
  schedules, and the status of the authority's performance under the
  most recent strategic plan. At the invitation of a commissioners
  court of a county in the authority, representatives of the board and
  the administrative head of an authority shall appear before the
  commissioners court to present the report and receive questions and
  comments.
         SECTION 4.  This Act takes effect September 1, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 2549 was passed by the House on May
  11, 2015, by the following vote:  Yeas 134, Nays 2, 1 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 2549 was passed by the Senate on May
  26, 2015, by the following vote:  Yeas 30, Nays 1.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor