87(R) HB 3314 - Introduced version - Bill Text

	87R9273 CXP-D
	By:  Cain	H.B.  No.  3314

	A BILL TO BE ENTITLED
	AN ACT
	relating to toll collection and enforcement by toll project
	entities; authorizing an administrative fee; imposing a civil
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	ARTICLE 1. PAYMENT OF TOLLS
	SECTION  1.01.    Chapter 372, Transportation Code, is amended
	by adding Subchapter B-1 to read as follows:
	SUBCHAPTER B-1. TOLL COLLECTION AND ENFORCEMENT
	Sec.  372.071.    DEFINITION.  In this subchapter, "registered
	owner" means an owner as defined by Section 502.001.
	Sec.  372.072.    TOLL PAYMENT REQUIRED; EMERGENCY VEHICLES
	EXEMPT.  (a)  The operator of a vehicle, other than an authorized
	emergency vehicle as defined by Section 541.201, that is driven or
	towed through a toll collection facility of a toll project shall pay
	the proper toll.  The exemption from payment of a toll for an
	authorized emergency vehicle applies regardless of whether the
	vehicle is:
	(1)    responding to an emergency;
	(2)    displaying a flashing light; or
	(3)    marked as an emergency vehicle.
	(b)    Notwithstanding Subsection (a), a toll project entity
	may waive the requirement of the payment of a toll or may authorize
	the payment of a reduced toll for any vehicle or class of vehicles.
	Sec. 372.073.    TOLL NOT PAID AT TIME OF USE; INVOICE. (a)  As
	an alternative to requiring payment of a toll at the time a vehicle
	is driven or towed through a toll collection facility, a toll
	project entity shall use video billing or other tolling methods to
	permit the registered owner of the vehicle to pay the toll at a
	later date.
	(b)    A toll project entity may use automated enforcement
	technology, including video recordings, photography, electronic
	data, and transponders, or other tolling methods to identify the
	registered owner of the vehicle for purposes of billing,
	collection, and enforcement activities.
	(c)    A toll project entity shall send by first class mail to
	the registered owner of a vehicle a written invoice containing an
	assessment for tolls incurred by the vehicle.
	(d)    A toll project entity shall send the invoice required
	under Subsection (c) and related communications to:
	(1)    the registered owner's address as shown in the
	vehicle registration records of the Texas Department of Motor
	Vehicles or the analogous department or agency of another state or
	country; or
	(2)    an alternate address provided by the owner or
	derived through other reliable means.
	(e)    A toll project entity may provide that the invoice
	required under Subsection (c), instead of being sent by first class
	mail, be sent as an electronic record to a registered owner that
	agrees to the terms of the electronic record transmission of the
	information.
	(f)    A toll project entity that sends an initial invoice
	required under Subsection (c) may not assess an additional fee
	other than a postage fee to the amount owed by the owner of the
	vehicle.
	Sec.  372.074.    INVOICE REQUIREMENTS; PAYMENT DUE DATE.  An
	invoice containing an assessment for the use of a toll project must:
	(1)    require payment not later than the 30th day after
	the date the invoice is mailed; and
	(2)    conspicuously state:
	(A)    the amount due;
	(B)    the date by which the amount due must be paid;
	(C)    that failure to pay the amount due in the
	required period will result in the assessment of an administrative
	fee; and
	(D)    that failure to pay two or more invoices will
	result in a civil penalty.
	Sec.  372.075.    PAYMENT OF TOLL INVOICE; ADMINISTRATIVE FEE.
	(a)  A person who receives an invoice under this subchapter for the
	use of a toll project shall, not later than the due date specified
	in the invoice:
	(1)    pay the amount owed as stated in the invoice; or
	(2)    send a written request to the toll project entity