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A BILL TO BE ENTITLED
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AN ACT
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relating to payment for the use of a highway toll project. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 228.052, Transportation Code, is amended |
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by adding Subsection (d) to read as follows: |
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(d) The department may include in an agreement for toll |
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collection services entered into under this section provisions |
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requiring the person performing the services to: |
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(1) provide refunds of improperly charged tolls by |
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crediting the accounts of improperly charged electronic toll |
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collection customers with amounts equal to the improperly charged |
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tolls; and |
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(2) credit the accounts of improperly charged |
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electronic toll collection customers with an additional amount of |
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not more than $20 as compensation for time spent by the customer |
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contesting an improper charge. |
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SECTION 2. Section 228.0545(d), Transportation Code, is |
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amended to read as follows: |
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(d) The department shall send the notice required under |
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Subsection (c) and subsequent notices to: |
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(1) the registered owner's address as shown in the |
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vehicle registration records of the Texas Department of Motor |
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Vehicles or the analogous department or agency of another state or |
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country or as shown in the driver's license records of the |
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Department of Public Safety; or |
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(2) an alternate address provided by the owner or |
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derived through other reliable means. |
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SECTION 3. Section 228.055(b), Transportation Code, is |
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amended to read as follows: |
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(b) The department may impose and collect the |
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administrative fee, so as to recover the cost of collecting the |
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unpaid toll, not to exceed $100. The department shall send a |
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written notice of nonpayment to the registered owner of the vehicle |
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at that owner's address as shown in the vehicle registration |
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records of the Texas Department of Motor Vehicles or the analogous |
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department or agency of another state or country, at that owner's |
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address as shown in the driver's license records of the Department |
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of Public Safety, or at an alternate address provided by the owner |
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or derived through other reliable means. The notice of nonpayment |
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shall be sent by first class mail and may require payment not sooner |
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than the 30th day after the date the notice was mailed. The |
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registered owner shall pay a separate toll and administrative fee |
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for each event of nonpayment under Section 228.054 or 228.0545. |
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SECTION 4. Section 228.057, Transportation Code, is amended |
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by adding Subsection (i) to read as follows: |
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(i) The department shall provide electronic toll collection |
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customers with an option to authorize automatic payment of tolls |
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through the withdrawal of funds from the customer's bank account. |
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SECTION 5. Subchapter B, Chapter 372, Transportation Code, |
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is amended by adding Sections 372.054, 372.055, and 372.056 to read |
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as follows: |
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Sec. 372.054. TOLL COLLECTION BY MAIL. (a) As an |
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alternative to requiring payment of a toll at the time a vehicle is |
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driven or towed through a toll collection facility, a toll project |
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entity shall use automated toll collection methods to allow the |
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registered owner of the vehicle to pay the toll at a later date as |
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provided by this section. |
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(b) For purposes of this section and Sections 228.054, |
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284.070, 366.178, and 370.177, the use of a transponder is |
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considered payment of a toll at the time a vehicle is driven or |
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towed through a toll collection facility if there are sufficient |
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funds in the account associated with the transponder at the time the |
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vehicle is driven or towed through the facility. |
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(c) A toll project entity shall send an invoice of unpaid |
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tolls by first class mail to the registered owner of a vehicle that |
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has incurred one or more unpaid tolls. |
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Sec. 372.055. DETERMINATION OF ELECTRONIC TOLL COLLECTION |
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CUSTOMER ACCOUNT BEFORE PAYMENT SOLICITATION. (a) A toll project |
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entity may not send by first class mail an invoice or a notice of |
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unpaid tolls to the registered owner of a vehicle soliciting |
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payment of a toll or any related administrative fee unless the |
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entity first determines whether there is an active electronic toll |
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collection customer account that corresponds to a transponder |
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issued for the vehicle. |
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(b) If a toll project entity determines under Subsection (a) |
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that there is a sufficiently funded electronic toll collection |
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customer account that corresponds to a transponder issued for the |
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vehicle, the entity must: |
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(1) satisfy the outstanding toll from the account at |
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the standard electronic collection rate and may not collect any |
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administrative fees or late fees; and |
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(2) send by first class mail to the electronic toll |
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collection customer a notice informing the customer that the |
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transponder issued for the customer's vehicle may not be working |
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correctly. |
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Sec. 372.056. INFORMATION REQUIRED ON NOTICE OR INVOICE. A |
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notice or an invoice of unpaid tolls sent by a toll project entity |
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under Section 372.054 or any other section must clearly state that |
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the document is a bill and the recipient is expected to pay the |
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amount indicated. |
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SECTION 6. The change in law made by this Act applies only |
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to the collection of a toll incurred on or after the effective date |
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of this Act. The collection of a toll incurred before the effective |
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date of this Act is governed by the law in effect immediately before |
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the effective date of this Act, and that law is continued in effect |
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for that purpose. |
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SECTION 7. This Act takes effect September 1, 2017. |