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AN ACT
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relating to the authority and operation of regional tollway |
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authorities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 366.038, Transportation Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) For purposes of Subchapter C, Chapter 372, a toll |
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project for which an authority provides tolling services under a |
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tolling services agreement is considered a toll project of the |
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authority and the authority is considered the toll project entity |
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with respect to all rights and remedies arising under that |
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subchapter regarding the toll project. The authority may not stop, |
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detain, or impound a motor vehicle as authorized under that |
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subchapter on a toll project's active traffic lanes unless a |
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tolling service agreement addresses that action. |
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SECTION 2. Section 366.178, Transportation Code, is amended |
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by amending Subsections (b-2), (b-3), (d), and (g) and adding |
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Subsection (k) to read as follows: |
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(b-2) If the authority does not collect the proper toll at |
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the time a vehicle is driven or towed through a toll assessment |
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facility, the authority shall send an invoice by first class mail to |
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the registered owner of the vehicle. The invoice may include one or |
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more tolls assessed by the authority for use of the project by the |
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nonpaying vehicle and must specify the date by which the toll or |
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tolls must be paid. Except as provided by Subsection (b-3), the |
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registered owner shall pay the unpaid tolls included in the invoice |
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not later than the 25th [30th] day after the date the invoice is |
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mailed. |
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(b-3) If the address to which the invoice issued under |
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Subsection (b-2) is mailed to the registered owner is determined to |
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be incorrect, the registered owner shall pay the invoice not later |
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than the 25th [30th] day after the date the invoice is mailed to the |
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correct address. |
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(d) Unless an authority requires additional time to send a |
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notice of nonpayment because of events outside the authority's |
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reasonable control, the authority shall send the first notice of |
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nonpayment not later than the 30th day after the date the 25-day |
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[30-day] period expires for the registered owner to pay the invoice |
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issued under Subsection (b-2) or (b-3). If an authority requires |
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additional time as provided by this subsection, the authority must |
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send the notice not later than the 60th day after the date the |
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25-day [30-day] period expires for the registered owner to pay the |
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invoice issued under Subsection (b-2) or (b-3). The first notice of |
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nonpayment shall require payment of the unpaid tolls included in |
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the invoice and the administrative fee before the 25th [30th] day |
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after the date the first notice of nonpayment is mailed. |
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(g) The court of the local jurisdiction in which the unpaid |
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toll was assessed may assess and collect the fine in addition to any |
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court costs. The court may [shall] collect and forward to the |
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authority properly assessed [the] unpaid tolls, administrative |
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fees, and third-party collection service fees incurred by the |
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authority as determined by: |
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(1) the court after a hearing; or |
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(2) written agreement of the registered owner [on or
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before the date the fines and court costs are collected by the court
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and forward the tolls and fees to the authority. Payment of the
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unpaid tolls, administrative fees, and third-party collection
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service fees by the registered owner may not be waived by the court
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unless the court finds that the registered owner of the vehicle is
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indigent]. |
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(k) As authorized under Section 322.008(d)(2), Business & |
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Commerce Code, an authority may provide information, including an |
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invoice or notice, required under this section to be sent first |
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class mail instead as an electronic record: |
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(1) if the recipient of the information agrees to the |
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transmission of the information as an electronic record; and |
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(2) on terms acceptable to the recipient. |
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SECTION 3. Section 366.261(b), Transportation Code, is |
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amended to read as follows: |
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(b) Not later than June 30 [March 31] of each year, an |
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authority shall file with the commissioners court of each county of |
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the authority a written report on the authority's activities |
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describing all turnpike revenue bond issuances anticipated for the |
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coming year, the financial condition of the authority, all project |
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schedules, and the status of the authority's performance under the |
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most recent strategic plan. At the invitation of a commissioners |
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court of a county in the authority, representatives of the board and |
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the administrative head of an authority shall appear before the |
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commissioners court to present the report and receive questions and |
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comments. |
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SECTION 4. This Act takes effect September 1, 2015. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 2549 was passed by the House on May |
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11, 2015, by the following vote: Yeas 134, Nays 2, 1 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 2549 was passed by the Senate on May |
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26, 2015, by the following vote: Yeas 30, Nays 1. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |