1. (a) Toll policies. The department shall adopt policies relating to toll collection and enforcement and the operation of customer service centers. The policies will authorize all fees imposed under this section to be paid by credit card, debit card not requiring the entry of a personal identification number (PIN), money order, personal or cashier's check, or cash. In adopting those policies, the department shall consider:

   1. (1) whether those policies will provide ease of use by travelers and maximize mobility on toll projects;
   2. (2) whether those policies will provide a high level of customer service;
   3. (3) the requirements of project bond covenants;
   4. (4) cost of operations;
   5. (5) whether those policies will facilitate the auditing of customer service center operations and the marketing of toll projects; and
   6. (6) whether those policies will maximize the preservation of revenue streams.
2. (b) Exception. Toll collection and enforcement policies adopted by the department are not subject to the requirements of §5.10 of this title (relating to Collection of Debts).

3. (c) Customer account fees. The department may charge fees to customers for purposes of establishing and administering electronic toll collection customer accounts. The commission by minute order will establish customer account fees. In establishing customer account fees, the commission will consider the cost of operations, including the estimated cost to the department for labor, materials, storage, and bank fees, as well as the requirements of project bond covenants. Tag fees may be temporarily waived by the department for the purposes of introducing motorists to toll projects and attracting new customers. Customer account fees may include fees for the following items:

   1. (1) standard tags;
   2. (2) specialty tags;
   3. (3) mailed or faxed account statements;
   4. (4) account maintenance;
   5. (5) checks returned for insufficient funds; and
   6. (6) account reactivation.

4. (d) Toll rates. Except as provided in subsection (f) of this section, the commission by minute order will establish toll rates for the use of a toll project. In setting toll rates, the commission will consider:

   1. (1) the results of traffic and revenue studies and any schedule of toll rates established in a traffic and revenue report;
   2. (2) the requirements of project bond covenants; and
   3. (3) vehicle classifications, type and location of the facility, and similar criteria that apply to a specific project.

5. (e) Administrative fees. Except as provided in subsection (f) of this section, the commission by minute order will establish administrative fees charged to owners and lessees of vehicles that use a toll project without paying the proper toll. The total of all administrative fees charged for each uncollected toll may not exceed $100. Administrative fees may be suspended by the department if a violator agrees to open a funded account and to maintain that account in good standing, and may be waived if the account is maintained in good standing for the period of time determined by the department. In establishing an administrative fee, the commission will consider the estimated cost to the department to collect unpaid tolls on toll projects, which will be determined by:

   1. (1) the existing or estimated violation rate on toll projects; and
   2. (2) the estimated number of violations that the department will collect.

6. (f) Operating agreements. The commission may authorize a private entity under contract to operate a department toll project to set toll rates for the use of the toll project and to establish an administrative fee charged to owners of vehicles that use the toll project without paying the proper toll, if:

   1. (1) the private entity is required under the contract to submit to the department for approval:

      1. (A) the methodology for:

         1. (i) the setting of tolls;
         2. (ii) increasing the amount of the tolls; and
         3. (iii) the setting of an administrative fee to be imposed to recover the cost of collecting an unpaid toll; and
      2. (B) any proposed change in an approved methodology for the setting of a toll or an administrative fee;
   2. (2) the private entity will operate the toll project under a comprehensive development agreement or under a contract resulting from a procurement under §27.83 of this chapter (relating to Contracts to Operate Department Toll Projects) that provides an operational concession to the private entity; and
   3. (3) the commission approves the award of the contract to the private entity.

Source Note:The provisions of this §27.82 adopted to be effective March 16, 2006, 31 TexReg 1729; amended to be effective March 1, 2011, 35 TexReg 10770.