SECTION 27.85. Service Charge for Payment Transactions

(a) Purpose. Transportation Code, §228.052 provides that a person that enters into an agreement with the department to provide services for a customer to pay an amount on an electronic toll collection customer account at a location other than a department office may collect from the customer a service charge in addition to the amount paid on the account. This section sets the maximum amount of the service charge and the circumstances under which the service charge may be assessed.

(b) Amount of service charge. A person may collect from the customer a service charge, not to exceed $2.00, for:

(1) accepting a payment due on an invoice or notice of nonpayment;

(2) accepting a payment to establish or replenish the minimum balance on a tag; or

(3) accepting a payment for the sale of a tag.

(c) Service charge authorized for each transaction. A person may collect a separate service charge for each payment transaction conducted by a customer.

(d) Specific authorization required. A person may not assess the service charge described in subsection (b) of this section unless the agreement with the department specifically authorizes such a charge.

Source Note: The provisions of this §27.85 adopted to be effective September 14, 2016, 41 TexReg 7136