Tex. Transp. Code Section 366.178
Failure or Refusal to Pay Toll


(a)

A motor vehicle other than an authorized emergency vehicle, as defined by Section 541.201 (Vehicles), that passes through a toll assessment facility, whether driven or towed, 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 a police or emergency vehicle.

(b)

A person who fails or refuses to pay a toll provided for the use of a project is liable for a fine not to exceed $250, plus any administrative fees incurred in connection with the violation.

(b-1)

As an alternative to requiring payment of a toll at the time a vehicle is driven or towed through a toll assessment facility, the authority shall use video recordings, photography, electronic data, transponders, or other tolling methods to permit the registered owner of the nonpaying vehicle to pay the toll at a later date or provide toll exemptions. Information collected under this subsection, including contact, payment, and other account information and trip data, is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code.

(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 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-3)

If the address to which the invoice issued under Subsection (b-2) is mailed to the registered owner is determined to be incorrect, the registered owner shall pay the invoice not later than the 25th day after the date the invoice is mailed to the correct address.

(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 first class mail to the registered owner of the nonpaying vehicle as provided by Subsection (d).

(c)

On issuance of the first notice of nonpayment, the registered owner of the nonpaying vehicle shall pay both the unpaid tolls included in the invoice and an administrative fee. The authority may charge only one administrative fee of not more than $25 for the first notice of nonpayment that is sent to the registered owner of the nonpaying vehicle.

(d)

Unless an authority requires additional time to send a notice of nonpayment because of events outside the authority’s reasonable control, the authority shall send the first notice of nonpayment not later than the 30th day after the date the 25-day period expires for the registered owner to pay the invoice issued under Subsection (b-2) or (b-3). If an authority requires additional time as provided by this subsection, the authority must send the notice not later than the 60th day after the date the 25-day period expires for the registered owner to pay the invoice issued under Subsection (b-2) or (b-3). The first notice of nonpayment shall require payment of the unpaid tolls included in the invoice and the administrative fee before the 25th day after the date the first notice of nonpayment is mailed.

(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 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 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.

(e)

If the registered owner of the vehicle fails to pay the amount included in the third notice of nonpayment by the date specified in the notice, the owner may be cited as for other traffic violations as provided by law, and the owner shall pay a fine of not more than $250 for each nonpayment of a toll.

(f)

Except as provided by Subsection (f-1), in the prosecution of a violation for nonpayment, proof that the vehicle passed through a toll assessment facility and that the amount included in the third notice of nonpayment was not paid before the date specified in the notice, together with proof that the defendant was the registered owner or the driver of the vehicle when the unpaid toll was assessed, establishes the nonpayment of the registered owner. The proof may be by testimony of a peace officer or authority employee, video surveillance, or any other reasonable evidence, including a copy of the rental, lease, or other contract document or the electronic data provided to the authority under Subsection (i) that shows the defendant was the lessee of the vehicle when the unpaid toll was assessed.

(f-1)

Nonpayment by the registered owner of the vehicle may be established by:

(1)

a copy of a written agreement between the authority and the registered owner for the payment of unpaid tolls and administrative fees; and

(2)

evidence that the registered owner is in default under the agreement.

(g)

The court of the local jurisdiction in which the unpaid toll was assessed may assess and collect the fine in addition to any court costs. The court may collect and forward to the authority properly assessed unpaid tolls, administrative fees, and third-party collection service fees incurred by the authority as determined by:

(1)

the court after a hearing; or

(2)

written agreement of the registered owner.

(h)

It is a defense to nonpayment under this section that the motor 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.

(i)

A registered owner who is the lessor of a vehicle for which an invoice is mailed under Subsection (b-2) or (b-3) is not liable if, not later than the 30th day after the date the invoice is mailed, the registered owner provides to the authority:

(1)

a copy of the rental, lease, or other contract document covering the vehicle on the date the unpaid toll was assessed, with the name and address of the lessee clearly legible; or

(2)

electronic data, other than a photocopy or scan of a rental or lease contract, that contains the information required under Sections 521.460 (Motor Vehicle Rentals)(c)(1), (2), and (3) covering the vehicle on the date the unpaid toll was assessed under this section.

(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 first-class mail not later than the 30th day after the date of the receipt of the information from the lessor.

(j)

In addition to the other powers and duties provided by this chapter, an authority has the same powers and duties as the department under Chapter 228 (State Highway Toll Projects), a county under Chapter 284 (Causeways, Bridges, Tunnels, Turnpikes, Ferries, and Highways in Certain Counties), and a regional mobility authority under Chapter 370 (Regional Mobility Authorities), regarding the authority’s toll collection and enforcement powers for:

(1)

the authority’s turnpike projects; and

(2)

other toll projects developed, financed, constructed, or operated under an agreement, including a comprehensive development agreement, with the authority.

(k)

As authorized under Section 322.008 (Provision of Information in Writing; Presentation of Records)(d)(2), Business & Commerce Code, an authority may provide information, including an invoice or notice, required under this section to be sent 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.
Added by Acts 1997, 75th Leg., ch. 1171, Sec. 7.24, eff. Sept. 1, 1997.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 4.03, eff. September 1, 2007.
Acts 2009, 81st Leg., R.S., Ch. 770 (S.B. 882), Sec. 1, eff. June 19, 2009.
Acts 2009, 81st Leg., R.S., Ch. 918 (H.B. 2983), Sec. 5, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 1216 (S.B. 469), Sec. 2, eff. September 1, 2011.
Acts 2015, 84th Leg., R.S., Ch. 782 (H.B. 2549), Sec. 2, eff. September 1, 2015.
Acts 2015, 84th Leg., R.S., Ch. 1129 (S.B. 57), Sec. 1, eff. June 19, 2015.

Source: Section 366.178 — Failure or Refusal to Pay Toll, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­366.­htm#366.­178 (accessed Mar. 23, 2024).

366.001
Short Title
366.002
Purposes
366.003
Definitions
366.004
Construction Costs Defined
366.031
Creation and Expansion of a Regional Tollway Authority
366.032
Nature of Regional Tollway Authority
366.033
General Powers
366.034
Establishment of Turnpike Systems
366.036
Transfer of Turnpike Project or System
366.037
Other Highway Projects
366.038
Tolling Services
366.071
Expenditures for Feasibility Studies
366.072
Feasibility Study Fund
366.073
Feasibility Study by Municipality, County, Other Local Governmental Entity, or Private Group
366.111
Turnpike Revenue Bonds
366.112
Interim Bonds
366.113
Payment of Bonds
366.114
Effect of Lien
366.115
Bond Indenture
366.116
Approval of Bonds by Attorney General
366.117
Furnishing of Indemnifying Bonds or Pledges of Securities
366.118
Applicability of Other Law
366.161
Turnpike Projects Extending into Other Counties
366.162
Powers and Procedures of Authority in Acquiring Property
366.163
Acquisition of Property
366.164
Right of Entry
366.165
Condemnation of Real Property
366.166
Declaration of Taking
366.167
Possession of Property
366.168
Severance of Real Property
366.169
Acquisition of Rights in Public Real Property
366.170
Compensation for and Restoration of Public Property
366.171
Public Utility Facilities
366.172
Lease, Sale, or Conveyance of Turnpike Project
366.173
Revenue
366.174
Authority Revolving Fund
366.175
Use of Surplus Revenue
366.176
Exemption from Taxation or Assessment
366.177
Actions Affecting Existing Roads
366.178
Failure or Refusal to Pay Toll
366.179
Use and Return of Transponders
366.180
Controlled Access to Turnpike Projects
366.181
Promotion of Toll Roads
366.182
Operation of Turnpike Project
366.183
Audit
366.184
Disadvantaged Businesses
366.185
Engineering, Design, and Construction Services
366.251
Board of Directors
366.252
Conflict of Interest
366.253
Surety Bonds
366.254
Removal of Director
366.255
Compensation of Director
366.256
Evidence of Authority Actions
366.257
Public Access
366.258
Indemnification
366.259
Purchase of Liability Insurance
366.260
Certain Contracts and Sales Prohibited
366.261
Strategic Plans and Annual Reports
366.262
Meetings by Telephone Conference Call
366.301
Department Contributions to Turnpike Projects
366.302
Agreements to Construct, Maintain, and Operate Turnpike Projects
366.303
Agreements Between Authority and Local Governmental Entities
366.304
Additional Agreements of Authority
366.0311
Advisory Committee for Projects Located Outside Authority
366.401
Comprehensive Development Agreements
366.402
Process for Entering into Comprehensive Development Agreements
366.403
Confidentiality of Information
366.404
Performance and Payment Security
366.405
Ownership of Turnpike Projects
366.406
Liability for Private Obligations
366.407
Terms of Private Participation
366.408
Rules, Procedures, and Guidelines Governing Selection and Negotiating Process
366.409
Use of Contract Payments
366.2575
Board Vote on County Request

Accessed:
Mar. 23, 2024

§ 366.178’s source at texas​.gov