HB2208 - Relating to requirements for certain notices or invoices relating to toll collections by a toll project entity.

  89R4036 CXP-D     By: Bumgarner H.B. No. 2208       A BILL TO BE ENTITLED   AN ACT   relating to requirements for certain notices or invoices relating   to toll collections by a toll project entity.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Sections 228.0545(c) and (e), Transportation   Code, are amended to read as follows:          (c)  The department shall send by certified [ first class ]   mail to the registered owner of a vehicle a written invoice   containing an assessment for tolls incurred by the vehicle.          (e)   Notwithstanding Section 322.008(d), Business & Commerce   Code, the [ The ] department may provide that the invoice under   Subsection (c), instead of being sent by certified [ 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.          SECTION 2.  Sections 228.055(d-1) and (e), Transportation   Code, are amended to read as follows:          (d-1)  If the lessor provides the required information   within the period prescribed under Subsection (d), the department   may send an invoice to the lessee at the address provided under   Subsection (d) by certified [ first class ] mail before the 30th day   after the date of receipt of the required information from the   lessor.          (e)  It is an exception to liability of a vehicle's   registered owner for a toll incurred by the vehicle if the   registered owner of the vehicle transferred ownership of the   vehicle to another person before the toll was incurred, submitted   written notice of the transfer to the department in accordance with   Section 501.147, and, before the 30th day after the date the invoice   is mailed, provides to the department the name and address of the   person to whom the vehicle was transferred. If the former owner of   the vehicle provides the required information within the period   prescribed, the department may send an invoice to the person to whom   ownership of the vehicle was transferred at the address provided by   the former owner by certified [ first class ] mail before the 30th day   after the date of receipt of the required information from the   former owner. The department may send all subsequent invoices   associated with the vehicle to the person to whom ownership of the   vehicle was transferred at the address provided by the former owner   or an alternate address provided by the subsequent owner or derived   through other reliable means.          SECTION 3.  Section 228.056(b), Transportation Code, is   amended to read as follows:          (b)  In the prosecution of an offense under Section 228.0547:                (1)  [ it is presumed that the invoice containing the   assessment for the toll was received on the fifth day after the date   of mailing;                [ (2) ]  a computer record of the Texas Department of   Motor Vehicles of the registered owner of the vehicle is prima facie   evidence of its contents and that the defendant was the registered   owner of the vehicle when the toll was incurred; and                 (2)  [ (3) ]  a copy of the rental, lease, or other   contract document, or the electronic data provided to the   department under Section 228.055(d), covering the vehicle on the   date the toll was incurred is prima facie evidence of its contents   and that the defendant was the lessee of the vehicle when the toll   was incurred.          SECTION 4.  Sections 284.0701(b), (d-1), and (e),   Transportation Code, are amended to read as follows:          (b)  The county may impose and collect the administrative   cost so as to recover the expense of collecting the unpaid toll, not   to exceed $100. The county shall send a written notice of   nonpayment to the registered owner of the vehicle at that owner's   address as shown in the vehicle registration records of the Texas   Department of Motor Vehicles by certified [ first-class ] mail not   later than the 30th day after the date of the alleged failure to pay   and may require payment not sooner than the 30th day after the date   the notice was mailed. The registered owner shall pay a separate   toll and administrative cost for each event of nonpayment under   Section 284.070.          (d-1)  If the lessor provides the required information   within the period prescribed under Subsection (d), the authority   may send a notice of nonpayment to the lessee at the address   provided under Subsection (d) by certified [ first class ] mail   before the 30th day after the date of receipt of the required   information from the lessor. The lessee of the vehicle for which   the proper toll was not paid who is mailed a written notice of   nonpayment under this subsection and fails to pay the proper toll   and administrative cost within the time specified by the notice of   nonpayment commits an offense. The lessee shall pay a separate toll   and administrative cost for each event of nonpayment. Each failure   to pay a toll or administrative cost under this subsection is a   separate offense.          (e)  It is an exception to the application of Subsection (a)   or (c) if the registered owner of the vehicle transferred ownership   of the vehicle to another person before the event of nonpayment   under Section 284.070 occurred, submitted written notice of the   transfer to the Texas Department of Motor Vehicles in accordance   with Section 501.147, and before the 30th day after the date the   notice of nonpayment is mailed, provides to the county the name and   address of the person to whom the vehicle was transferred. If the   former owner of the vehicle provides the required information   within the period prescribed, the county may send a notice of   nonpayment to the person to whom ownership of the vehicle was   transferred at the address provided by the former owner by   certified [ first-class ] mail before the 30th day after the date of   receipt of the required information from the former owner. The   subsequent owner of the vehicle for which the proper toll was not   paid who is mailed a written notice of nonpayment under this   subsection and fails to pay the proper toll and administrative cost   within the time specified by the notice of nonpayment commits an   offense. The subsequent owner shall pay a separate toll and   administrative cost for each event of nonpayment under Section   284.070. Each failure to pay a toll or administrative cost under   this subsection is a separate offense.          SECTION 5.  Section 284.0703, Transportation Code, is   amended to read as follows:          Sec. 284.0703.  METHOD OF SENDING INVOICE OR NOTICE.   Notwithstanding  [ As authorized under ] Section 322.008(d)     [ 322.008(d)(2) ], Business & Commerce Code, a county may provide an   invoice or notice required under this chapter to be sent by   certified [ 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 6.  Sections 366.178(b-2), (b-4), (d-1), (d-2),   (i-1), and (k), Transportation Code, are amended 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 certified [ 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 day after the date the invoice   is mailed.          (b-4)  If the registered owner of the nonpaying vehicle fails   to pay the unpaid tolls included in the invoice mailed under   Subsection (b-2) or (b-3) by the date specified in the invoice, the   authority shall send the first notice of nonpayment by certified   [ first class ] mail to the registered owner of the nonpaying vehicle   as provided by Subsection (d).          (d-1)  If the registered owner of the nonpaying vehicle fails   to pay the unpaid tolls and the administrative fee by the date   specified in the first notice of nonpayment, the authority shall   send a second notice of nonpayment by certified [ first class ] mail   to the registered owner of the nonpaying vehicle.  The second   notice of nonpayment must specify the date by which payment must be   made and may require payment of:                (1)  the unpaid tolls and administrative fee included   in the first notice of nonpayment; and                (2)  an additional administrative fee of not more than   $25 for each unpaid toll included in the notice, not to exceed a   total of $200.          (d-2)  If the registered owner of the nonpaying vehicle fails   to pay the amount included in the second notice of nonpayment by the   date specified in that notice, the authority shall send a third   notice of nonpayment by certified [ first class ] mail to the   registered owner of the nonpaying vehicle.  The third notice of   nonpayment must specify the date by which payment must be made and   may require payment of:                (1)  the amount included in the second notice of   nonpayment; and                (2)  any third-party collection service fees incurred   by the authority.          (i-1)  If the lessor timely provides the required   information under Subsection (i), the lessee of the vehicle on the   date the unpaid toll was assessed is considered to be the registered   owner of the vehicle for purposes of this section, and the authority   shall follow the procedures provided by this section as if the   lessee were the registered owner of the vehicle, including sending   an invoice to the lessee by certified [ first-class ] mail not later   than the 30th day after the date of the receipt of the information   from the lessor.          (k)   Notwithstanding [ As authorized under ] Section   322.008(d) [ 322.008(d)(2) ], Business & Commerce Code, an authority   may provide information, including an invoice or notice, required   under this section to be sent by certified [ 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 7.  Sections 370.177(c), (e-1), (f), and (n),   Transportation Code, are amended to read as follows:          (c)  The authority may impose and collect the administrative   fee to recover the cost of collecting the unpaid toll, not to exceed   $100. The authority shall send a written notice of nonpayment to   the registered owner of the vehicle at that owner's address as shown   in the vehicle registration records of the department by certified   [ first class ] mail not later than the 30th day after the date of the   alleged failure to pay and may require payment not sooner than the   30th day after the date the notice was mailed. The registered owner   shall pay a separate toll and administrative fee for each event of   nonpayment under Subsection (a).          (e-1)  If the lessor provides the required information   within the period prescribed under Subsection (e), the authority   may send a notice of nonpayment to the lessee at the address   provided under Subsection (e) by certified [ first class ] mail   before the 30th day after the date of receipt of the required   information from the lessor. The lessee of the vehicle for which   the proper toll was not paid who is mailed a written notice of   nonpayment under this subsection and fails to pay the prop [Text truncated for display. Full text available on Congress.gov.]