reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.408. Assumption of Risks

Sec. 370.408.  ASSUMPTION OF RISKS.  (a)  Unless otherwise provided in the final request for detailed proposals, including all addenda and supplements to that request, the authority shall assume:
(1)  all risks and costs associated with:
(A)  scope changes and modifications, as requested by the authority;
(B)  unknown or differing site conditions;
(C)  environmental clearance and other regulatory permitting for the project; and
(D)  natural disasters and other force majeure events; and
(2)  all costs associated with property acquisition, excluding costs associated with acquiring a temporary easement or work area associated with staging or construction for the project.
(b)  Nothing herein shall prevent the parties from agreeing that the design-build contractor should assume some or all of the risks or costs set forth in Subsection (a) provided that such agreement is reflected in the final request for detailed proposals, including all addenda and supplements to the agreement.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.409. Stipend Amount for Unsuccessful Proposers

Sec. 370.409.  STIPEND AMOUNT FOR UNSUCCESSFUL PROPOSERS.  (a)  Pursuant to the provisions of the request for detailed proposals, an authority shall pay an unsuccessful proposer that submits a responsive proposal to the request for detailed proposals a stipend for work product contained in the proposal.  The stipend must be specified in the initial request for detailed proposals in an amount of at least two-tenths of one percent of the contract amount, but may not exceed the value of the work product contained in the proposal to the authority.  In the event the authority determines that the value of the work product is less than the stipend amount, the authority must provide the proposer with a detailed explanation of the valuation, including the methodology and assumptions used in determining value.  After payment of the stipend, the authority may make use of any work product contained in the unsuccessful proposal, including the techniques, methods, processes, and information contained in the proposal.  The use by the authority of any design element contained in an unsuccessful proposal is at the sole risk and discretion of the authority and does not confer liability on the recipient of the stipend under this subsection.
(b)  An authority may provide in a request for detailed proposals for the payment of a partial stipend in the event a procurement is terminated prior to securing project financing and execution of a design-build contract.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 370 - Regional Mobility Authorities › Subchapter K. Design-Build Contracts › Section 370.410. Performance and Payment Bond

Sec. 370.410.  PERFORMANCE AND PAYMENT BOND.  (a)  An authority shall require a design-build contractor to provide:
(1)  a performance and payment bond;
(2)  an alternative form of security; or
(3)  a combination of the forms of security described by Subdivisions (1) and (2).
(b)  Except as provided by Subsection (c), a performance and payment bond, alternative form of security, or combination of the forms of security shall be in an amount equal to the cost of constructing or maintaining the project.
(c)  If the authority determines that it is impracticable for a private entity to provide security in the amount described by Subsection (b), the authority shall set the amount of the security.
(d)  A performance and payment bond is not required for the portion of a design-build contract under this section that includes design services only.
(e)  An authority may require one or more of the following alternative forms of security:
(1)  a cashier's check drawn on a financial entity specified by the authority;
(2)  a United States bond or note;
(3)  an irrevocable bank letter of credit drawn from a federal or Texas chartered bank; or
(4)  any other form of security determined suitable by the authority.
(f)  Chapter 2253, Government Code, does not apply to a bond or alternative form of security required under this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1345 (S.B. 1420), Sec. 38, eff. September 1, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter A. General Provisions › Section 371.001. Definitions

Sec. 371.001.  DEFINITIONS.  In this chapter:
(1)  "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project is:
(A)  a part of the state highway system; or
(B)  subject to the jurisdiction of the department.
(2)  "Toll project entity" means an entity authorized by law to acquire, design, construct, operate, and maintain a toll project, including:
(A)  the department;
(B)  a regional tollway authority under Chapter 366;
(C)  a regional mobility authority under Chapter 370; or
(D)  a county under Chapter 284.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 12, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter A. General Provisions › Section 371.002. Applicability

Sec. 371.002.  APPLICABILITY.  This chapter does not apply to a project for which the commission selected an apparent best value proposer before May 1, 2007.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter A. General Provisions › Section 371.003. Valuation Determination

Sec. 371.003.  VALUATION DETERMINATION.  Any determination of value, including best value, under applicable federal or state law for a comprehensive development agreement or other public-private partnership arrangement involving a toll project must take into consideration any factors the toll project entity determines appropriate, including factors related to:
(1)  oversight of the toll project;
(2)  maintenance and operations costs of the toll project;
(3)  the structure and rates of tolls;
(4)  economic development impacts of the toll project; and
(5)  social and environmental benefits and impacts of the toll project.
Added by Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 9, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter B. Oversight › Section 371.051. Attorney General Review and Examination Fee

Sec. 371.051.  ATTORNEY GENERAL REVIEW AND EXAMINATION FEE.  (a)  A toll project entity may not enter into a comprehensive development agreement unless the attorney general reviews the proposed agreement and determines that it is legally sufficient.
(b)  A toll project entity shall pay a nonrefundable examination fee to the attorney general on submitting a proposed comprehensive development agreement for review.  At the time the examination fee is paid, the toll project entity shall also submit for review a complete transcript of proceedings related to the comprehensive development agreement.
(c)  If the toll project entity submits multiple proposed comprehensive development agreements relating to the same toll project for review, the entity shall pay the examination fee under Subsection (b) for each proposed comprehensive development agreement.
(d)  The attorney general shall provide a legal sufficiency determination not later than the 60th business day after the date the examination fee and transcript of the proceedings required under Subsection (b) are received.  If the attorney general cannot provide a legal sufficiency determination within the 60-business-day period, the attorney general shall notify the toll project entity in writing of the reason for the delay and may extend the review period for not more than 30 business days.
(e)  After the attorney general issues a legal sufficiency determination, a toll project entity may supplement the transcript of proceedings or amend the comprehensive development agreement to facilitate a redetermination by the attorney general of the prior legal sufficiency determination issued under this section.
(f)  The toll project entity may collect or seek reimbursement of the examination fee under Subsection (b) from the private participant.
(g)  The attorney general by rule shall set the examination fee required under Subsection (b) in a reasonable amount and may adopt other rules as necessary to implement this section.  The fee may not be set in an amount that is determined by a percentage of the cost of the toll project.  The amount of the fee may not exceed reasonable attorney's fees charged for similar legal services in the private sector.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1329 (S.B. 731), Sec. 1, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter B. Oversight › Section 371.052. Notification to Legislative Budget Board

Sec. 371.052.  NOTIFICATION TO LEGISLATIVE BUDGET BOARD.  (a)  Not later than the 10th day after the date of qualifying or shortlisting private entities to submit detailed proposals for a toll project, a toll project entity shall provide the Legislative Budget Board with the names of qualifying or shortlisted proposers and their team members.
(b)  At least 30 days before entering into a comprehensive development agreement, a toll project entity shall provide the Legislative Budget Board with:
(1)  a copy of the version of the proposed comprehensive development agreement to be executed;
(2)  a copy of the proposal submitted by the apparent best value proposer; and
(3)  a financial forecast prepared by the toll project entity that includes:
(A)  toll revenue the entity projects will be derived from the project during the planned term of the agreement;
(B)  estimated construction costs and operating expenses; and
(C)  the amount of income the entity projects the private participant in the agreement will realize during the planned term of the agreement.
(c)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1196, Sec. 11, eff. June 17, 2011.
(d)  Before the comprehensive development agreement is entered into, financial forecasts and traffic and revenue reports prepared by or for a toll project entity for the project are confidential and are not subject to disclosure, inspection, or copying under Chapter 552, Government Code.  On or after the date the comprehensive development agreement is entered into, the financial forecasts and traffic revenue reports are public information under Chapter 552, Government Code.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 10, eff. June 17, 2011.
Acts 2011, 82nd Leg., R.S., Ch. 1196 (S.B. 19), Sec. 11, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter C. Contract Provisions › Section 371.102. Termination of Certain Comprehensive Development Agreements

Sec. 371.102.  TERMINATION OF CERTAIN COMPREHENSIVE DEVELOPMENT AGREEMENTS.  If a toll project entity elects to terminate a comprehensive development agreement under which a private participant receives the right to operate and collect revenue from a project, the entity may:
(1)  if authorized to issue bonds for that purpose, issue bonds to:
(A)  make any applicable termination payments to the private participant; or
(B)  purchase the interest of the private participant in the comprehensive development agreement or related property; or
(2)  provide for the payment of obligations of the private participant incurred pursuant to the comprehensive development agreement.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter C. Contract Provisions › Section 371.103. Prohibition Against Limiting or Prohibiting Construction of Transportation Projects

Sec. 371.103.  PROHIBITION AGAINST LIMITING OR PROHIBITING CONSTRUCTION OF TRANSPORTATION PROJECTS.  (a)  A comprehensive development agreement may not contain a provision that limits or prohibits the construction, reconstruction, expansion, rehabilitation, operation, or maintenance of a highway or other transportation project, as that term is defined by Section 370.003, by the toll project entity or other governmental entity, or by a private entity under a contract with the toll project entity or other governmental entity.
(b)  Except as provided by Subsection (c), a comprehensive development agreement may contain a provision authorizing the toll project entity to compensate the private participant in the agreement for the loss of toll revenues attributable to the construction by the entity of a limited access highway project located within an area that extends up to four miles from either side of the centerline of the project developed under the agreement, less the private participant's decreased operating and maintenance costs attributable to the highway project, if any.
(c)  A comprehensive development agreement may not require the toll project entity to provide compensation for the construction of:
(1)  a highway project contained in the state transportation plan or a transportation plan of a metropolitan planning organization in effect on the effective date of the agreement;
(2)  work on or improvements to a highway project necessary for improved safety, or for maintenance or operational purposes;
(3)  a high occupancy vehicle exclusive lane addition or other work on any highway project that is required by an environmental regulatory agency; or
(4)  a transportation project that provides a mode of transportation that is not included in the project that is the subject of the comprehensive development agreement.
(d)  The private participant has the burden of proving any loss of toll revenue resulting from the construction of a highway project described by Subsection (b).
(e)  A comprehensive development agreement that contains a provision described by Subsection (b) must require the private participant to provide compensation to the toll project entity in the amount of any increase in toll revenues received by the private participant that is attributable to the construction of a highway project described by Subsection (b), less the private participant's increased operation and maintenance costs attributable to the highway project, if any.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter D. Disclosure of Information › Section 371.151. Disclosure of Financial Information

Sec. 371.151.  DISCLOSURE OF FINANCIAL INFORMATION.  (a)  Before a toll project entity enters into a contract for the construction of a toll project, the entity shall publish in the manner provided by Section 371.152 information regarding:
(1)  project financing, including:
(A)  the total amount of debt that has been and will be assumed to acquire, design, construct, operate, and maintain the toll project;
(B)  a description of how the debt will be repaid, including a projected timeline for repaying the debt; and
(C)  the projected amount of interest that will be paid on the debt;
(2)  whether the toll project will continue to be tolled after the debt has been repaid;
(3)  a description of the method that will be used to set toll rates;
(4)  a description of any terms in the contract relating to competing facilities, including any penalties associated with the construction of a competing facility;
(5)  a description of any terms in the contract relating to a termination for convenience provision, including any information regarding how the value of the project will be calculated for the purposes of making termination payments;
(6)  the initial toll rates, the methodology for increasing toll rates, and the projected toll rates at the end of the term of the contract; and
(7)  the projected total amount of concession payments.
(b)  A toll project entity may not enter into a contract for the construction of a toll project before the 30th day after the date the information is first published under Section 371.152.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter D. Disclosure of Information › Section 371.152. Disclosure by Publication

Sec. 371.152.  DISCLOSURE BY PUBLICATION.  (a)  Information under Section 371.151 must be published in a newspaper published in the county in which the toll project is to be constructed once a week for at least two weeks before the time set for entering into the contract and in two other newspapers that the toll project entity may designate.
(b)  Instead of the notice required by Subsection (a), if the toll project entity estimates that the contract involves an amount less than $300,000, the information may be published in two successive issues of a newspaper published in the county in which the project is to be constructed.
(c)  If a newspaper is not published in the county in which the toll project is to be constructed, notice shall be published in a newspaper published in the county:
(1)  nearest the county seat of the county in which the improvement is to be made; and
(2)  in which a newspaper is published.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 371 - Comprehensive Development Agreements for Highway Toll Projects › Subchapter D. Disclosure of Information › Section 371.153. Hearing

Sec. 371.153.  HEARING.  (a)  A toll project entity shall hold a public hearing on the information published under Section 371.152 not later than the 10th day after the date the information is first published and not less than 10 days before the entity enters into the contract.
(b)  A hearing under this section must be held in the county seat of the county in which the toll project is located.
(c)  A hearing under this section must include a formal presentation and a mechanism for responding to comments and questions.
Added by Acts 2007, 80th Leg., R.S., Ch. 264 (S.B. 792), Sec. 11.01, eff. June 11, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter A. General Provisions › Section 372.001. Definitions

Sec. 372.001.  DEFINITIONS.  In this chapter:
(1)  "Toll project" means a toll project described by Section 201.001(b), regardless of whether the toll project:
(A)  is a part of the state highway system; or
(B)  is subject to the jurisdiction of the department.
(2)  "Toll project entity" means an entity authorized by law to acquire, design, construct, finance, operate, and maintain a toll project, including:
(A)  the department under Chapter 228;
(B)  a regional tollway authority under Chapter 366;
(C)  a regional mobility authority under Chapter 370; or
(D)  a county under Chapter 284.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 23.004, eff. September 1, 2009.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 940 (H.B. 3139), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 259 (H.B. 1201), Sec. 13, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter A. General Provisions › Section 372.002. Repayment of Money Contributed by Department

Sec. 372.002.  REPAYMENT OF MONEY CONTRIBUTED BY DEPARTMENT.  (a)  A toll project entity shall repay to the department any money contributed by the department as participation in the cost of the entity's toll projects, including money from the state highway fund, the Texas Mobility Fund, or other sources available to the department.
(b)  Each year, the department shall:
(1)  for each department district, determine the amount of money repaid to the department under Subsection (a) in the previous year that is attributable to projects located in the district; and
(2)  in addition to other amounts, allocate to each department district an amount of money equal to the amount determined for the district under Subdivision (1) to be used for transportation projects located in that district.
(c)  If a transportation project that was the subject of repayment of department contributions is located in more than one department district, the department may reasonably allocate the repayments from that project between the districts in which the project is located.
(d)  Notwithstanding any other law, including Sections 222.103(a), 366.301(c), 370.033(m), and 370.301(c) and (f), a toll project entity is not required to repay:
(1)  funds held in a subaccount created under Section 228.012; or
(2)  funds contributed by the department for a project if a toll project entity commenced the environmental review process for the project on or before January 1, 2014.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 42, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.051. Use of Motor Vehicle Registration or License Plate Information

Sec. 372.051.  USE OF MOTOR VEHICLE REGISTRATION OR LICENSE PLATE INFORMATION.  (a)  A toll project entity may not use motor vehicle registration or other information derived from a license plate on a vehicle using a toll project, including information obtained by the use of automated enforcement technology described by Section 228.058, for purposes other than those related to:
(1)  toll collection and toll collection enforcement; and
(2)  law enforcement purposes on request by a law enforcement agency.
(b)  If a toll project entity enters into an agreement with an entity in another state that involves the exchange of motor vehicle registration or license plate information for toll collection or toll collection enforcement purposes, the agreement must provide that the information may not be used for purposes other than those described in Subsection (a).
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 23.004, eff. September 1, 2009.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 940 (H.B. 3139), Sec. 1, eff. September 1, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.052. Vehicles Used by Nonprofit Disaster Relief Organizations

Sec. 372.052.  VEHICLES USED BY NONPROFIT DISASTER RELIEF ORGANIZATIONS.  A toll project entity may not require a vehicle registered under Section 502.454 to pay a toll for the use of a toll project.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 87 (S.B. 1969), Sec. 23.004, eff. September 1, 2009.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 940 (H.B. 3139), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 161 (S.B. 1093), Sec. 20.006, eff. September 1, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.053. Veteran Discount Program

Sec. 372.053.  VETERAN DISCOUNT PROGRAM.
(a)  A toll project entity may establish a discount program for electronic toll collection customers.
(a-1)  A program established under Subsection (a) must include free or discounted use of the entity's toll project by an electronic toll collection customer whose account relates to a vehicle registered under Section 504.202 or 504.315(f) or (g).
(a-2)  A toll project entity may limit to no more than two the number of transponders issued to a participant in the entity's waiver program for which free or discounted use of the entity's toll project is provided under Subsection (a-1).  A toll project entity that adopts a limit under this subsection shall allow a participant to be issued one extra transponder on a demonstration of hardship by the participant, as determined by the entity.
(b)  The legislature may appropriate funds from the general revenue fund to a toll project entity to defray the cost of providing free or discounted use of the entity's toll project under this section.
Reenacted and redesignated from Transportation Code, Chapter 371 and amended by Acts 2009, 81st Leg., R.S., Ch. 940 (H.B. 3139), Sec. 1, eff. September 1, 2009.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 901 (H.B. 1123), Sec. 1, eff. September 1, 2013.
Acts 2019, 86th Leg., R.S., Ch. 977 (S.B. 1091), Sec. 1, eff. June 14, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.0535. Financial Reporting Requirements

Sec. 372.0535.  FINANCIAL REPORTING REQUIREMENTS.  (a)  In this section, "system" includes a system established under Section 228.010, 366.034, or 370.034.
(b)  Not later than the 180th day after the last day of a toll project entity's fiscal year, the entity shall publish on the entity's Internet website a report on the entity's financial data, including:
(1)  the final maturity of all bonds issued by the entity for a toll project or system;
(2)  toll revenue for each toll project for the previous fiscal year;
(3)  an accounting of total revenue collected and expenses incurred by the entity for the previous fiscal year, such as debt service, maintenance and operation costs, any other miscellaneous expenses, and any surplus revenue; and
(4)  a capital improvement plan with proposed or expected capital expenditures over a period determined by the entity.
(c)  In addition to the reporting requirements under Subsection (b), a toll project entity may report any money deposited by the entity in a debt service reserve fund as required by a bondholder agreement.
(d)  A toll project entity may publish on the entity's Internet website graphs or tables from the entity's certified audited financial report or annual continuing disclosure report to comply with the reporting requirements under Subsection (b).
(e)  A toll project entity shall prominently display on the entity's Internet website a link to the report under Subsection (b). The report must be posted separately from the entity's certified audited financial report.
(f)  Notwithstanding Subsection (b), for a toll project that is the subject of a comprehensive development agreement entered into by a toll project entity, the entity is only required to publish on the entity's Internet website the name and cost of the toll project and the termination date of the agreement.
Added by Acts 2019, 86th Leg., R.S., Ch. 744 (H.B. 803), Sec. 1, eff. September 1, 2019.
Redesignated from Transportation Code, Section 372.054 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(105), eff. September 1, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.054. Use of Transponder by Electronic Toll Collection Customer

Sec. 372.054.  USE OF TRANSPONDER BY ELECTRONIC TOLL COLLECTION CUSTOMER.  An electronic toll collection customer using a transponder must:
(1)  activate and mount the transponder in accordance with the procedures provided by the toll project entity;
(2)  provide to the toll project entity accurate license plate and customer contact information; and
(3)  update as necessary the information provided under Subdivision (2).
Added by Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 2, eff. September 1, 2020.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.055. Determination of Electronic Toll Collection Customer Account Before Payment Solicitation

Sec. 372.055.  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, for a toll collection customer using a transponder, whether there is an active electronic toll collection customer account that corresponds to the transponder.
(b)  A toll project entity shall satisfy an unpaid toll, at the standard electronic collection rate and without the imposition of administrative or late fees, from an active electronic toll collection customer account discovered under Subsection (a) if:
(1)  the account:
(A)  corresponds to a transponder issued by the entity; and
(B)  is sufficiently funded; and
(2)  the customer to whom the transponder was issued has complied with Section 372.054.
(c)  Regardless of whether an active electronic toll collection customer account is discovered under Subsection (a), a toll project entity may send an invoice or notice for payment to collect an unpaid toll and related costs if:
(1)  the account is insufficiently funded; or
(2)  the electronic toll collection customer's failure to comply with Section 372.054 prevents satisfaction of the unpaid toll from the electronic toll collection customer account.
(d)  If in complying with Subsection (a) a toll project entity discovers that a transponder issued by the entity did not work correctly more than 10 times in a 30-day period and must be replaced, the entity shall send to the customer to whom the transponder was issued a notice stating that the transponder is not working correctly and must be replaced.
(e)  A toll project entity is not required to send additional notice to an electronic toll collection customer under Subsection (d) if the toll project entity has sent notice to the customer under that subsection and the customer does not replace the transponder.
Added by Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 2, eff. September 1, 2020.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.0555. Notice of Returned Payment

Sec. 372.0555.  NOTICE OF RETURNED PAYMENT.  A toll project entity must immediately notify the holder of an electronic toll collection customer account that a payment by the credit card or debit card associated with the account was declined or could not otherwise be processed.
Added by Acts 2023, 88th Leg., R.S., Ch. 499 (H.B. 2170), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.056. Information Required on Notice or Invoice

Sec. 372.056.  INFORMATION REQUIRED ON NOTICE OR INVOICE.  (a)  A notice or an invoice of unpaid tolls sent by a toll project entity must clearly state that the document is a bill and the recipient is expected to pay the amount indicated.
(b)  A notice or an invoice of unpaid tolls sent by first class mail must clearly indicate on the outside of the envelope that the document enclosed is a bill and the recipient is expected to pay the amount indicated.
Added by Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 2, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 499 (H.B. 2170), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.057. Method of Sending Invoice or Notice

Sec. 372.057.  METHOD OF SENDING INVOICE OR NOTICE.  (a)  An invoice or notice provided to a person by a toll project entity may be provided by:
(1)  first class mail;
(2)  e-mail if the person has provided an e-mail address to the entity and has elected to receive notice electronically; or
(3)  text message if the person has provided a phone number to the entity and has elected to receive notice by text message.
(b)  A toll project entity is not required to send an invoice or notice as required by Subsection (a) if the entity does not have access to the contact information provided in the electronic toll collection customer account.
Added by Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 2, eff. September 1, 2020.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 499 (H.B. 2170), Sec. 3, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.058. Information Sharing and Contracts Between Toll Project Entities

Sec. 372.058.  INFORMATION SHARING AND CONTRACTS BETWEEN TOLL PROJECT ENTITIES.  (a)  Notwithstanding the confidentiality of electronic toll collection customer account information, including confidentiality under Sections 228.057(e), 366.179(d), 370.177(m), 370.178(d), and 372.051(a), a toll project entity with an electronic toll collection customer may provide to another toll project entity electronic toll collection customer account information for the purposes of customer service, toll collection, enforcement, or reporting requirements.
(b)  The provision of electronic toll collection customer account information under Subsection (a) must ensure the confidentiality of all account information.
(c)  A contract between toll project entities for the collection of tolls must:
(1)  specify which entity is responsible for making the determinations, sending notices, and taking other actions, as applicable, under Section 372.055; and
(2)  include terms to ensure that customers do not receive invoices from more than one entity for the same transaction.
Added by Acts 2019, 86th Leg., R.S., Ch. 956 (S.B. 198), Sec. 2, eff. September 1, 2020.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter B. Toll Project Operation › Section 372.059. Treatment of Toll Roadway During Inclement Weather

Sec. 372.059.  TREATMENT OF TOLL ROADWAY DURING INCLEMENT WEATHER.  (a)  Except as provided by Subsections (e) and (f), a toll project entity that treats a roadway maintained by the entity during icy or snowy weather shall require each employee or contractor who develops and supervises a plan for roadway treatment to complete a training course on treating roadways during icy or snowy weather in the same manner as a department employee who treats roadways during icy or snowy weather.
(b)  The department, in coordination with public toll project entities:
(1)  shall make training courses that the department provides to department employees who develop and supervise plans for roadway treatment available to a person required to receive training under Subsection (a); and
(2)  may adopt rules as necessary to implement this section.
(c)  The department, in coordination with toll project entities, shall identify the types of employees and contractors who are subject to the training requirements under Subsection (a).
(d)  A training course described by Subsection (b) must include instruction regarding:
(1)  prioritizing treatment of elevated structures and other roadway elements that pose the highest risk to public health and safety during icy or snowy weather;
(2)  timing of treatment of roadways during icy or snowy weather; and
(3)  treatment of general purpose lanes adjacent to a toll project.
(e)  The department may authorize a toll project entity to require that an employee or contractor required to receive training under Subsection (a) complete a training course provided by another entity that includes substantially the same information as a course provided by the department.
(f)  For a roadway that is subject to a comprehensive development agreement entered into by the department or a public toll project entity under which a private participant is responsible for maintaining the roadway, the private participant is responsible for requiring each employee or contractor of the private participant who develops and supervises a plan for roadway treatment to complete the training required by Subsection (a).
Added by Acts 2023, 88th Leg., R.S., Ch. 920 (H.B. 4797), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.101. Applicability

Sec. 372.101.  APPLICABILITY.  This subchapter does not apply to a county acting under Chapter 284.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.102. Publication of Nonpaying Vehicle Information

Sec. 372.102.  PUBLICATION OF NONPAYING VEHICLE INFORMATION.  (a)  Notwithstanding the confidentiality of electronic toll collection customer account information, including confidentiality under Sections 228.057(e), 366.178(b-1), 366.179(d), 370.177(m), and 370.178(d), a toll project entity may publish a list of the names of the registered owners or lessees of nonpaying vehicles who at the time of publication are liable for the payment of past due and unpaid tolls or administrative fees.  The list may include only the persons' names and, for each person listed:
(1)  the city and state of the person's residence;
(2)  the total number of events of nonpayment; and
(3)  the total amount due for the tolls and administrative fees.
(b)  A toll project entity may not include on a list published under Subsection (a) the name of a registered owner who remits a tax imposed under Section 152.026, Tax Code.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 5, eff. June 19, 2015.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.103. Toll Violation Payment Plan

Sec. 372.103.  TOLL VIOLATION PAYMENT PLAN.  A toll project entity may enter into an agreement with the registered owner of a vehicle, for whom a single payment is not feasible, that allows the person to pay the total amount of outstanding tolls and administrative fees over a specified period.  The agreement must be in writing and specify the amount due for tolls and administrative fees, the duration of the agreement, and the amount of each payment.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.104. Default; Suit to Recover Outstanding Balance Due

Sec. 372.104.  DEFAULT; SUIT TO RECOVER OUTSTANDING BALANCE DUE.  (a)  If the registered owner of the vehicle fails to comply with the terms of an agreement described by Section 372.103, a toll project entity may send by first class mail to the person at the address shown on the agreement a written notice demanding payment of the outstanding balance due.
(b)  If the registered owner fails to pay the outstanding balance due on or before the 30th day after the date on which the notice is mailed, the toll project entity may, in addition to other remedies available to the entity, refer the matter to an attorney authorized to represent the toll project entity for suit or collection.
(c)  The authorized attorney may file suit in a district court in the county in which the toll project entity's administrative offices are primarily located to recover the outstanding balance due.  The authorized attorney may recover reasonable attorney's fees, investigative costs, and court costs incurred on behalf of the toll project entity in the proceeding.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.105. Nonpayment by Vehicles Not Registered in This State

Sec. 372.105.  NONPAYMENT BY VEHICLES NOT REGISTERED IN THIS STATE.  (a)  A toll project entity may, in lieu of mailing a written notice of nonpayment, serve with a written notice of nonpayment in person an owner of a vehicle that is not registered in this state, including the owner of a vehicle registered in another state of the United States, the United Mexican States, a state of the United Mexican States, or another country or territory.  A notice of nonpayment may also be served by an employee of a governmental entity operating an international bridge at the time a vehicle with a record of nonpayment seeks to enter or leave this state.
(b)  Each written notice of nonpayment issued under Subsection (a) shall include a warning that the failure to pay the amounts in the notice may result in the toll project entity's exercise of the habitual violator remedies under this subchapter.
(c)  An owner who is served a written notice of nonpayment under Subsection (a) and fails to pay the proper toll and administrative fee within the time specified in the notice commits an offense.  Each failure to pay a toll or administrative fee under this subsection is a separate offense.
(d)  An offense under Subsection (c) is a misdemeanor punishable by a fine not to exceed $250.  The court in which an owner is convicted of an offense under this section may also collect the proper toll and administrative fee and forward the toll and fee to the toll project entity.
(e)  It is a defense to prosecution under Subsection (c) that the owner of the vehicle is a lessor of the vehicle and not later than the 30th day after the date the notice of nonpayment is served under Subsection (a) provides to the toll project entity proof that meets applicable toll project entity law establishing that the vehicle was leased to another person at the time of the nonpayment.
(f)  It is a defense to prosecution under Subsection (c) that the vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1)  the occurrence of the failure to pay; or
(2)  eight hours after the discovery of the theft.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle G - Turnpikes and Toll Projects › Chapter 372 - Provisions Applicable to More Than One Type of Toll Project › Subchapter C. Nonpayment of Tolls; Remedies › Section 372.106. Habitual Violator

Sec. 372.106.  HABITUAL VIOLATOR.  (a)  For purposes of this subchapter, a habitual violator is a registered owner of a vehicle who a toll project entity determines:
(1)  was issued at least two written notices of nonpayment that contained:
(A)  in the aggregate, 100 or more events of nonpayment within a period of one year, not including events of nonpayment for which:
(i)  the registered owner has provided to the toll project entity information establishing that the vehicle was subject to a lease at the time of the nonpayment, as provided by applicable toll project entity law; or
(ii)  a defense of theft at the time of the nonpayment has been established as provided by applicable toll project entity law; and
(B)  a warning that the failure to pay the amounts specified in the notices may result in the toll project entity's exercise of habitual violator remedies; and
(2)  has not paid in full the total amount due for tolls and administrative fees under those notices.
(b)  If the toll project entity makes a determination under Subsection (a), the toll project entity shall give written notice to the person at:
(1)  the person's address as shown in the vehicle registration records of the Texas Department of Motor Vehicles or the analogous agency of another state or country; or
(2)  an alternate address provided by the person or derived through other reliable means.
(c)  The notice must:
(1)  be sent by first class mail and is presumed received on the fifth day after the date the notice is mailed; and
(2)  state:
(A)  the total number of events of nonpayment and the total amount due for tolls and administrative fees;
(B)  the date of the determination under Subsection (a);
(C)  the right of the person to request a hearing on the determination; and
(D)  the procedure for requesting a hearing, including the period during which the request must be made.
(d)  If not later than the 30th day after the date on which the person is presumed to have received the notice the toll project entity receives a written request for a hearing, a hearing shall be held as provided by Section 372.107.
(e)  If the person does not request a hearing within the period provided by Subsection (d), the toll project entity's determination becomes final and not subject to appeal on the expiration of that period.
Added by Acts 2013, 83rd Leg., R.S., Ch. 491 (S.B. 1792), Sec. 1, eff. June 14, 2013.