The following report summarizes the responses for the House Transportation Committee RFI on Charge 1, concerning oversight of and implementation of new rules for agencies under the Committee’s purview. The full Charge can be found here, while a full list of responses can be found here.
The HillCo report below is a summary of information intended to give you an overview and highlight of the various topics included in the responses. This report does not cover the entirety of each response, but aims to provide an overview of the testimony submitted.
Charge 1A
Texas Department of Transportation
Response includes TxDOT responses to charge 1B and 1C as well. The following summarizes pages 2-4, on charge 1A
- HB 803 adds additional reporting requirements for toll project entities and defines them as as an entity authorized by law to acquire, design, construct, finance, operate, and maintain a toll project. These entities include TxDOT, a regional tollway authority, a regional mobility authority, or a county
- HB 803 requires entities display maturity of bonds issued, previous toll revenue, all expenses and revenue, and a capital improvement plan
- SB 198 adds five new sections to the Transportation code, requiring: electronic toll tag users with a transponder follow new rules, toll entities to inform users of a transponder if it is not working correctly before billing the owner, requires invoices for tolls be listed as a “bill” requiring payment, allows toll invoices to be sent via email, and authorizes the sharing of confidential customer information between toll entities for the purposes of customer service
- The bill also provides a way for automatic payment of toll bills via electronic banking services currently being implemented by TxDOT
Central Texas Regional Mobility Authority
- The Central Texas Regional Mobility Authority (CTRMA) publishes a number of financial transparency reports in line with their commitment to financial transparency and accountability, including audits, disclosure reports, strategic plans, and system accuracy reports
- Toll roads provide a path for greater revenue collection without raising taxes, especially in a time of economic uncertainty. Polls show strong support for toll roads over increases in taxation, especially for project-specific revenue
- CTRMA has delivered needed tolls and infrastructure improvements with the help of Travis and Williamson counties, including ongoing and planned infrastructure expansion programs. Approximately 45% of CTRMA programs are toll-free infrastructure
- CTRMA believes tolls are necessary for certain projects, especially given a lack of sufficient state funding for certain projects, including improvements laid out by Capitol Area Metropolitan Planning Organization (CAMPO)
- Pay by Mail (PBM) billing is one way that tolls can be implemented securely and efficiently, and CTRMA currently processes around 304,000 daily transactions (pre-COVID), with approximately 64% of those being electronic tag transactions
- Prior to March 2020, the PBM system processed about 525,000 toll bills and non-payment notices per month. 99.9% of customers paid $16 or less in tolls, and 98% paid $16 or less in administrative fees
- CTRMA is committed to a transparent and improving customer experience and strives to improve their customer relations and communication on key questions as a result
- Less than 2.15% of PBM customers are considered habitual violators (more than 100 unpaid tolls) and require enforcement of punishments including vehicle bans, registration/licensing blockage, and other deterrents
- CTRMA believes that improving the accuracy of DMV records, allowing statewide enforcement of habitual violator remedies, lowering the threshold for who is considered a habitual violator, and requiring vehicle registration holds for unpaid tolls could improve CTRMA improve its functioning and customer relations services
- NTTA supports legislation that improves tolling operations and ensures customers receive best value for tolls. NTTA operates more than 1,000 miles of toll roads, serves more than 12 million people, and circulates around 6 million TxTags
- HB 803 improves transparency, and SB 198 codifies best practices for tolls
- HB 803 codified many of the practices NTTA was already implementing, including financial transparency and auditing requirements
- SB 198 codifies compliance with a transponder user agreement, and creates a streamlined toll collection process
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Tax Assessor-Collectors Association of Texas
- Based on the SCOFFLAW program implemented under HB 803 and SB 198, Tax Assessors collectors may refuse to register a vehicle due to outstanding tolls. The TACA supports this program
- TACA agrees with NTTA that this program should remain voluntary for Tax Assessor-Collectors
Texans Uniting for Reform and Freedom & Texans for Toll-Free Highways
- Accuses Texas tolls system of being a “shakedown” of its citizens and unconstitutional
- Texas has essentially created “debtors’ prisons” which are unconstitutional. Lack of independent court system for dealing with toll fines and penalties (Harris County Toll Road Authority specialized courts for traffic fines as an example)
- Believes the toll system lacks transparency, is designed to financially ruin Texans, and entraps those unable to pay
- Billing errors also play a part in the belief that tolls are ineffective and wrong. Cites news articles from 2007, 2013, 2014, 2015, 2017, and 2018 to assert that invoice errors are common and occur often
- TURF and TTFH also find fault with the “habitual violator” label, arguing it is far too easy for an individual to be declared a habitual violator and punished as a result of something as simple as a credit card expiring and a failure to update payment information
- Toll fines and fees are usury, which is an “exorbitant amount or rate of interest,” according to TURF and TTFH, due to the “virtually unchecked” authority toll entities have been given in regard to enforcement of toll payments
- Recommends toll fines be capped at $48 per year for all toll agencies
- Recommends removal of all criminal penalties for tolls
- Recommends bills and invoices be sent immediately in a timely fashion via uniform processes, and that each bill have a 90 working-day period for the driver to receive and respond before the bill is referred to collections. Also recommends a 6-month statute of limitations on old tolls
- Recommends toll agencies provide proof customer received the bill before fines are issued
- Recommends agencies be required to make payment arrangements with those unable to pay in full at time of billing without additional fines/fees
- Recommends agencies immediately notify drivers with any problems/issues with payment information
- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
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- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
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- Submitted a copy of the testimony of the TURF and TTFH joint submission
- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
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- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
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- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
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- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
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- Expresses concern with overbilling and excess fines associated with overdue fines
- Requests the legislature address the following:
- Decriminalization of non-payment of tolls
- Uniform and timely billing system for tolls
- Statute of limitations on tolls more than 6 months old
- Cap toll fines at under $50 per year across all agencies
- Proof of notice of toll before billing
- Immediate notification of payment information issue to customers
- Payment plan implementation for those unable to pay full toll amount at due date
- Supports disabled veterans’ use of High Occupancy Vehicle (HOV) lanes regardless of number of individuals in the vehicle