By: Schwertner, Hall S.B. No. 1437
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to payment for the use of a highway toll project.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 228.057, Transportation Code, is amended
  by adding Subsection (i) to read as follows:
         (i)  The department shall provide electronic toll collection
  customers with an option to authorize automatic payment of tolls
  through the withdrawal of funds from the customer's bank account.
         SECTION 2.  Subchapter B, Chapter 372, Transportation Code,
  is amended by adding Sections 372.054, 372.055, and 372.056 to read
  as follows:
         Sec. 372.054.  DETERMINATION OF ELECTRONIC TOLL COLLECTION
  CUSTOMER ACCOUNT BEFORE PAYMENT SOLICITATION. (a)  A toll project
  entity may not send an invoice or a notice of unpaid tolls to the
  registered owner of a vehicle soliciting payment of a toll or any
  related administrative fee unless the entity first determines
  whether there is an active electronic toll collection customer
  account that corresponds to a transponder issued for the vehicle.
         (b)  If a toll project entity determines under Subsection (a)
  that there is a sufficiently funded electronic toll collection
  customer account that corresponds to a transponder issued for the
  vehicle, the entity must:
               (1)  satisfy the outstanding toll from the account at
  the standard electronic collection rate and may not collect any
  administrative fees or late fees; and
               (2)  if the entity determines that a transponder issued
  to an electronic toll collection customer did not work correctly
  more than 10 times in a 30-day period, send to the customer a notice
  informing the customer that the transponder issued for the
  customer's vehicle may not be working correctly.
         Sec. 372.055.  INFORMATION REQUIRED ON NOTICE OR INVOICE. A
  notice or an invoice of unpaid tolls sent by a toll project entity
  under Section 372.054 or any other section must clearly state that
  the document is a bill and the recipient is expected to pay the
  amount indicated.
         Sec. 372.056.  METHOD OF SENDING INVOICE OR NOTICE.  An
  invoice or notice provided to a person by a toll project entity
  under this subchapter may be provided by: 
               (1)  first class mail; or
               (2)  e-mail if the person has provided an e-mail
  address to the entity and has elected to receive notice
  electronically.
         SECTION 3.  The change in law made by this Act applies 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 4.  This Act takes effect September 1, 2017.