10-Exhibit A - HCTRA Toll Setting Policy.pdf

HCTRA Toll Setting Policy

1. Introduction

Harris County Toll Road Authority (HCTRA) currently operates several toll facilities in the greater Houston area, including:

Sam Houston Tollway Hardy Toll Road Houston Ship Channel Bridge Westpark Tollway Fort Bend Parkway Extension Tomball Tollway Katy Freeway Managed Lanes

Each of these facilities generates revenue from the collection of tolls. A schedule of toll rates is established at each toll plaza, or other toll collection point, on the system for each classification of vehicle.

This document updates the previous HCTRA toll setting policy, developed in 2007, when only cash and automated vehicle identification (AVI) electronic toll collection were used at traditional ramp and mainline toll plazas on the HCTRA System. Over several years, new segments were added to the HCTRA System that did not include cash collection, which was progressively eliminated on two legacy system components, namely the Hardy Toll Road and the Houston Ship Channel Bridge.

In 2020, triggered by the onset of travel and other constraints associated with the COVID-19 pandemic, cash collection was suspended on all remaining segments of the HCTRA System and has not been restored. As such, HCTRA moved into a form of All-Electronic Tolling (AET) and considered various changes to pricing structures to better recognize the impacts of cash elimination, including initiation of license plate image tolling for those vehicles not equipped with AVI transponders.

This updated HCTRA toll setting policy incorporates operational and rate change structure modifications and updated procedures for annual rate level reviews and potential adjustments.

The intent of the policy is to enable the deployment of AET, built upon current toll levels on the system. It also provides updated guidelines for future annual rate increases which may be systematically implemented reflecting annual CPI changes and/or other factors. This policy does not supersede toll rate covenants in existing or future bond documents. In the event of any conflict, such bond toll covenants will prevail in determining toll rates on the HCTRA System.

It is recommended that the policy be re-evaluated annually to confirm that it is maintaining its desired purpose, and to reflect any future changes in toll collection techniques or methods.

2. Overview of Toll Policy Changes

This update of HCTRA’s toll policy was developed in October 2022, and Exhibit A shows current toll rates prior to the implementation of the changes included in this toll policy.

Cash collection has been eliminated systemwide, and most toll revenue is collected through AVI, using EZ Tag or other accepted transponders. Vehicles which are not equipped with AVI may still use the HCTRA facilities. Tolls are collected from non-AVI vehicles through license plate image tolling. Image transactions may be paid online, through approved third-party services or after invoicing vehicle owners. Pre-registration of license plates is also possible through HCTRA’s EZ Tag Express program and serves as a form of guaranteed payment. If a license plate is also linked with an AVI account, the image transaction can be charged to the appropriate customer account at the AVI rate.

2.1 Policy Changes Related to AET Collection

Since the full elimination of cash collection, HCTRA has experienced significant revenue leakage and higher costs of processing, as such, several changes to image collection toll rates are incorporated into this policy revision. This includes establishment of new rates for four different methods of image transaction processing and payment in the form of multipliers of AVI rates.

Exhibits B and C show toll rates for AVI and for each of four methods of processing license plate image-based transactions:

Image transactions where license plates are linked to existing AVI accounts, which are charged the same rate as AVI transactions;

Image transactions for license plate numbers which have been pre-registered in a HCTRA operated guaranteed payment system, which are charged a rate which is 1.2 times the AVI rate;

Image transactions for which guaranteed toll payment is made by a third-party service provider, which are charged a rate which is 1.25 times the AVI rates; and

Image transactions which do not fall into any of the above categories and require HCTRA invoicing of vehicle owners and collection of payments, which are charged a rate which is

2.0 times the AVI rate.

Rates are shown for all types of toll collection locations on the HCTRA system, except the Katy Freeway Managed Lanes, which uses highly variable toll rates. Exhibit B also shows the “minimum rate differential” for each image transaction category.

2.2 Refinement of Vehicle Classification Structure

Rates shown in Exhibit B are for vehicles with two axles. HCTRA uses a system of vehicle classification based on number of axles.

The current toll rates in the HCTRA system are computed using the “N-1” method with a few exceptions. In this method, “N” is the number of vehicle axles, and after subtracting “1”, the result is multiplied by the two-axle cash toll rate to obtain the multi-axle vehicle toll rate. Therefore, commercial vehicles with three or more axles are charged the toll rates obtained by multiplying “N-1” by the respective two-axle vehicle cash toll rate. Per this algorithm, for every increase in axle by a unit, toll increases by the two-axle toll rate. Additionally, it should be noted that Katy Freeway Managed Lane facility tolls all commercial vehicles with three or more axles with a constant rate of $7.00 per transaction.

This policy document replaces the “N-1” method above with a base multi-axle rate coupled with an “(N-1)/2” multiplier method to set toll rates at all mainline and ramp gantries for vehicles with more than two axles. The base multi-axle rates for each facility are summarized in Exhibit C. The “(N-1)/2” multipliers are applied to the base multi-axle rate for each given payment mode, such as AVI vs image transactions. This results in adjusted base rates by classification as shown in Exhibits D through G for the various payment modes. Specifically:

Exhibit D displays adjusted base toll rates for vehicles using AVI transponders;

Exhibit E displays adjusted base toll rates for image transactions for vehicles pre-registered in the HCTRA license plate registration program;

Exhibit F displays adjusted base toll rates for image transactions for payments made through third party service providers; and

Exhibit G displays adjusted base toll rates for image transactions requiring invoicing and collections from vehicle owners.

Exhibits C through F reflect rates after introduction of the policy changes outlined above. These do not include any inflationary adjustment (discussed below) that may be implemented at the beginning of a subsequent year after implementation.

3. Definitions

The following definitions shall apply to certain terms included herein:

Adjusted Base Toll Rates – For the existing HCTRA system, Adjusted Base Toll Rates by vehicle class and payment mode after deployment of policy changes discussed herein, at FY 2022 levels before any subsequent future annual CPI rate adjustments. For any new HCTRA toll facility, or new extension to existing facilities, Base Toll Rates shall be those rates which are placed in effect at the time the roadway is opened to traffic. These Adjusted Base Toll Rates shall constitute the rates to which all annual adjustments shall be applied to arrive at Computed Toll Rates.

Annual Adjustment Factor – An annual percentage adjustment to be used in computing future nominal toll rates. As defined in more detail in subsequent sections, the Annual Adjustment Factor shall be one of the following, subject to annual approval by HCTRA’s Executive Director: the change in CPI-W for the 12 months ended October 31 of the previous calendar year, or the Minimum Adjustment Factor for any given year.

Base Multi‐Axle Rate – base rate charged to all vehicles with three or more axles. Toll rates for each class are calculated using a multiplier equal to (N-1)/2, where N is the number of axles.

Base Year – For the existing HCTRA system, the base year for calculation of future toll rates shall be FY 2022. For any new HCTRA toll facility, or new extension to existing facilities, the Base Year shall be the first fiscal year of operation.

Computed Toll Rates – Toll rates which are computed by applying the annual adjustment factor for each year to the adjusted base toll rates at each toll plaza.

Congestion Management Rates – Toll rates implemented during peak hours which may be higher than computed rates as needed to manage congestion on the HCTRA System.

EZ Tag – Refers to EZ Tag electronic toll system

Fiscal Year – The fiscal year observed by the Harris County Toll Road Authority, which shall be the twelve months beginning on October 1.

Image Transactions – Toll transactions for vehicles not equipped with AVI devices, or for which the AVI device was unreadable. Video images of the vehicle’s license plate is recorded. Image transactions may fall into one of four categories:

o VTOLL Transaction, in which the license plate number can be associated with a valid EZ Tag or other accepted AVI account, in which case the transactions is converted to an AVI transaction and charged at the AVI rate;

o Pre‐registered Plate Transaction – In which the vehicle license plate number is pre-registered through a HCTRA operated pre-registration system which provides automatic guaranteed payment, and is charged at a rate 1.2 times the AVI rate;

o Third Party Image Transaction – In which the image transaction is processed and paid through a third-party service provider and is charged at a rate 1.25 times the

AVI rate. (note: third party transactions completed using AVI may be charged at the AVI rate).

o Invoiced Image Transaction – An image transaction not falling into one of the three categories above, thus requiring HCTRA invoicing and collection, is charged at a rate 2.0 times the AVI rate.

Managed Lane Facilities – A toll facility in which tolled lanes (or a tolled roadway) compete directly with immediately adjacent toll-free lanes, in which highly variable toll rates are needed to manage demand. Pricing on these types of facilities will be dictated based on demand management requirements and will not be directly subjected to annual adjustments included in this policy.

Minimum Adjustment Factor – The minimum annual adjustment factor to be used in any given fiscal year shall be 2.0 percent. The minimum adjustment factor may be changed at any time by action of HCTRA leadership if needed to provide adequate toll revenue or for other reasons.

(N‐1)/2 Classification‐ For vehicles with three or more axles, the toll rate at a given location and payment mode shall be computed using the “(N-1)/2” method, in which the toll rate is determined by subtracting “1” from the number of axles (N), dividing by two.

For example, the toll for a four-axle truck would be three (4-1)/2, or 1.5 times the base multi-axle rate.

Rate Multiplier – For image transactions, the multiplier of AVI rates for a given location and vehicle class used to determine rate for alternative types of image transactions.

4. Bond Toll Covenants Prevail

This policy shall be in full effect only to the extent that revenues generated on the HCTRA System are sufficient to meet bond toll covenant requirements. Nothing in this policy shall, in any way, alter or supersede toll covenant provisions included in bond indentures or other bond documents associated with any outstanding, or future issued HCTRA revenue bonds. All toll covenant provisions of such bond documents will control. Specifically, in the event that revenue produced under a toll schedule resulting from this policy is insufficient to meet debt service and other prescribed coverage requirements for outstanding bonds, procedures prescribed in the bond documents will be followed, and appropriate adjustments to toll rates shall be made, even if inconsistent with this rate setting policy.

5. Annual Rate Review and Adjustments

Toll rates on the HCTRA System shall be reviewed and, as appropriate, adjusted on an annual basis.

Base Toll Rates may be adjusted each year using the Annual Adjustment Factor to determine new Computed Toll Rates. Computed Toll Rates shall then be rounded to the nearest $0.01 for each classification, payment mode and plaza location.

Annual Adjustment Factor - The Annual Adjustment Factor shall be one of the following, subject to annual approval by HCTRA’s Executive Director:

The net change in consumer price index (CPI-W), Houston-The Woodlands-Sugar Land region, as published by the Bureau of Labor Statistics, U.S. Department of Labor (base year 1984), as of May 31, as compared to the index for May 31 of the prior year; or

The Minimum Adjustment Factor

In determining the net change in CPI-W to be used in determining new rates in each new fiscal year, the May 31 CPI-W value for the immediately preceding calendar year shall be divided by the May 31 CPI-W value for the next preceding calendar year.

The Annual Adjustment Factor for each year may then be used to determine the new Computed Toll Rates. Annual Adjustment Factors shall be recorded for each year, and the Computed Toll Rates in each future fiscal year shall be the product of the Base Toll Rates times the compounded product of Annual Adjustment Factors for all intervening years.

Implementation Dates – If changes are to be made, a new toll rate schedule for all vehicle classes, plaza locations and payment categories, shall be implemented on the HCTRA System on October 1 of each fiscal year. That schedule shall remain in effect until the last day of the following September.

The Annual Adjustment Factor for each year shall be determined by July 15, and notice of any modifications in rate shall be provided to the public by August 15 of each fiscal year.

6. Managed Lane Facilities

Some toll facilities operated by HCTRA, are defined as Managed Lane Facilities. These facilities involve tolling only a portion of lanes on a freeway facility, or a full roadway located immediately adjacent to a freeway. An example of a managed lane project operated by HCTRA is the Katy Freeway Managed Lanes on IH-10.

On Managed Lane Facilities, toll rates are variable by time of day and are set to manage demand in the toll lanes. Toll rates used on managed lane facilities are adjusted frequently during the day, and by travel direction. Variable toll schedules may be established either on a pre-set basis or may be adjusted “dynamically” during the day as determined by traffic levels on the facility.

Toll rates may need to be adjusted more frequently than on an annual basis and may need to increase at a pace different than the annual adjustment factor used for other toll facilities on the HCTRA System. As such, Managed Lane Facilities are not be subject to provisions of this HCTRA toll rate setting policy.

7. Future HCTRA Facilities

HCTRA may implement extensions to existing toll facilities or new toll facility projects in the future.

New HCTRA facilities not in operation as of FY 2023, shall be subject to this toll rate setting policy.

Toll rates in effect at the time each new project, or project extension, opens for traffic shall become the base toll rates for those facilities, and each associated toll point. The base year for the new projects, or project extension, shall be the first fiscal year of operation of the new facility. The base toll rates will be adjusted in subsequent years, using the procedures set forth in this policy.

New HCTRA facilities which are defined as Managed Lane Facilities, as defined in Section 6.0 above, shall not be subject to this toll rate setting policy.

Exhibit A

Current Toll Rates on HCTRA System

Toll AVI Image (1)

Three Four Five Six

Facility Rate Rate Axle Axle Axle Axle

Sam Houston Tollway

Mainline Plazas $1.50 $1.75 $3.50 $5.25 $7.00 $8.75

SHT Ramp Group A (2)

$1.20 $1.25 $2.75 $3.75 $5.00 $6.25

SHT Ramp Group B (3)

$0.90 $1.00 $2.00 $3.00 $4.00 $5.00

SHT Ramp Group C (4)

$0.50 $0.50 $1.25 $1.75 $2.00 $2.50

Ship Channel Bridge $1.50 $2.00 $3.50 $5.25 $7.00 $8.75

Hardy Toll Road

Mainline Plazas $1.50 $1.75 $3.50 $5.25 $7.00 $8.75

HTR Ramp Group A (5)

$1.20 $1.25 $2.75 $3.75 $5.00 $6.25

HTR Ramp Group B (6)

$0.90 $1.00 $2.00 $3.00 $4.00 $5.00

Westpark Tollway

Mainline Plazas $1.50 $1.75 $3.50 $5.25 $7.00 $8.75

WPT Plaza Group B (7)

$1.20 $1.25 $2.75 $3.75 $5.00 $6.25

WPT Plaza Group C (8)

$0.75 $0.75 $1.50 $2.25 $3.00 $3.75

WPT Plaza Group D (9)

$0.50 $0.50 $1.25 $1.75 $2.00 $2.50

WPT Plaza Group E (10)

$0.40 $0.50 $1.00 $1.50 $2.10 $2.50

Fort Bend Pky Ext. $1.50 $1.75 $3.50 $5.25 $7.00 $8.75

Tomball Tollway

Mainline Plaza $1.50 $1.75 $3.50 $5.25 $7.00 $8.75

Boudreaux / Grand Pky $1.20 $1.25 $2.75 $3.75 $5.00 $6.25

SH 249/ Holderrieth $0.90 $1.00 $2.00 $3.00 $4.00 $5.00

FM 2920 $0.75 $0.75 $1.50 $2.25 $3.00 $3.75

Brown Rd. $0.50 $0.50 $1.25 $1.75 $2.00 $2.50

(1) ‐ Image transactions are non‐AVI transactions based on l i cense plate images .

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Bel tway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road Eas t, South Post Oak Blvd, and Westpark Drive East

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Airport Connector, Richey Road, and FM 1960

Two‐Axle Vehicle Type (AVI/Image (1) Rate)

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa i rmont Pkwy, SH 35, Ways ide, Almeda Rd, W Fuqua St, Westheimer Rd, Briar Forest Dr, Clay Rd, Tanner Rd, Fa l lbrook Dr, N. Gessner Rd and

(3) SHT Ramp Group B includes John Ra ls ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM 865), Hi l lcroft Avenue, South Main / US 90, Bel la i re, Hammerly Boulevard / Kempwood, and West Road

(4) SHT Ramp Group C includes Wi lson Road and Beltway 8 (to Westpark east or west)

Toll Linked to HCTRA 3rd Party Invoiced

Facility AVI AVI Acct Pre‐Reg. Service Image

(VTOLL) Lic. Plate Image Txn Transaction

Rate Multiplier

AVI Rate Multiplier 1.00 1.00 1.20 1.25 2.00

Minimum Differential $0.15 $0.20 $0.50

Sam Houston Tollway

Mainline Plazas $1.50 $1.50 $1.80 $1.88 $3.00

SHT Ramp Group A (2)

$1.20 $1.20 $1.44 $1.50 $2.40

SHT Ramp Group B (3)

$0.90 $0.90 $1.08 $1.13 $1.80

SHT Ramp Group C (4)

$0.50 $0.50 $0.65 $0.70 $1.00

Ship Channel Bridge $1.50 $1.50 $1.80 $1.88 $3.00

Hardy Toll Road

Mainline Plazas $1.50 $1.50 $1.80 $1.88 $3.00

HTR Ramp Group A (5)

$1.20 $1.20 $1.44 $1.50 $2.40

HTR Ramp Group B (6)

$0.90 $0.90 $1.08 $1.13 $1.80

Westpark Tollway

Mainline Plazas $1.50 $1.50 $1.80 $1.88 $3.00

WPT Plaza Group B (7)

$1.20 $1.20 $1.44 $1.50 $2.40

WPT Plaza Group C (8)

$0.75 $0.75 $0.90 $0.95 $1.50

WPT Plaza Group D (9)

$0.50 $0.50 $0.65 $0.70 $1.00

WPT Plaza Group E (10)

$0.40 $0.40 $0.55 $0.60 $0.90

Fort Bend Pky Ext. $1.50 $1.50 $1.80 $1.88 $3.00

Tomball Tollway

Mainline Plaza $1.50 $1.50 $1.80 $1.88 $3.00

Boudreaux / Grand Pky $1.20 $1.20 $1.44 $1.50 $2.40

SH 249/ Holderrieth $0.90 $0.90 $1.08 $1.13 $1.80

FM 2920 $0.75 $0.75 $0.90 $0.95 $1.50

Brown Rd. $0.50 $0.50 $0.65 $0.70 $1.00

(1) Image transactions are non‐AVI transactions based on l i cense plate images .

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Beltway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road East, South Post Oak Blvd, and Westpark Drive East

Exhibit B New Base Two‐Axle Vehicle Toll Rates by Payment Type

License Plate Image Transaction Rates (1)

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa i rmont Pkwy, SH 35,

(3) SHT Ramp Group B includes John Ra ls ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM 865),

(4) SHT Ramp Group C includes Wi l son Road and Bel tway 8 (to Westpark east or west)

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Ai rport Connector, Richey Road, and FM 1960

Toll Linked to HCTRA 3rd Party Invoiced

Facility AVI AVI Acct Pre‐Reg. Service Image

(VTOLL) Lic. Plate Image Txn Transaction

Rate Multiplier

AVI Rate Multiplier 1.00 1.00 1.20 1.25 2.00

Minimum Differential $0.30 $0.40 $1.00

Sam Houston Tollway

Mainline Plazas $3.50 $3.50 $4.20 $4.38 $7.00

SHT Ramp Group A (2)

$2.50 $2.50 $3.00 $3.13 $5.00

SHT Ramp Group B (3)

$2.00 $2.00 $2.40 $2.50 $4.00

SHT Ramp Group C (4)

$1.00 $1.00 $1.30 $1.40 $2.00

Ship Channel Bridge $4.00 $4.00 $4.80 $5.00 $8.00

Hardy Toll Road

Mainline Plazas $3.50 $3.50 $4.20 $4.38 $7.00

HTR Ramp Group A (5)

$2.50 $2.50 $3.00 $3.13 $5.00

HTR Ramp Group B (6)

$2.00 $2.00 $2.40 $2.50 $4.00

Westpark Tollway

Mainline Plazas $3.50 $3.50 $4.20 $4.38 $7.00

WPT Plaza Group B (7)

$2.50 $2.50 $3.00 $3.13 $5.00

WPT Plaza Group C (8)

$1.50 $1.50 $1.80 $1.90 $3.00

WPT Plaza Group D (9)

$1.00 $1.00 $1.30 $1.40 $2.00

WPT Plaza Group E (10)

$1.00 $1.00 $1.30 $1.40 $2.00

Fort Bend Pky Ext. $3.50 $3.50 $4.20 $4.38 $7.00

Tomball Tollway

Mainline Plaza $3.50 $3.50 $4.20 $4.38 $7.00

Boudreaux / Grand Pky $2.50 $2.50 $3.00 $3.13 $5.00

SH 249/ Holderrieth $2.00 $2.00 $2.40 $2.50 $4.00

FM 2920 $1.50 $1.50 $1.80 $1.90 $3.00

Brown Rd. $1.00 $1.00 $1.30 $1.40 $2.00

(1) ‐ Image transactions are non‐AVI transactions based on l i cense plate images .

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Bel tway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road East, South Post Oak Blvd, and Westpark Drive East

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Ai rport Connector, Richey Road, and F

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

Exhibit C New Base Multi‐Axle Vehicle Toll Rates by Payment Type

License Plate Image Transaction Rates (1)

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa irmont Pkwy, SH

(3) SHT Ramp Group B includes John Rals ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM

(4) SHT Ramp Group C includes Wi lson Road and Beltway 8 (to Westpark eas t or west)

Toll Two Three Four Five Six Seven Eight or

Facility Axle Axle Axle Axle Axle Axle More Axle

Sam Houston Tollway

Mainline Plazas $1.50 $3.50 $5.25 $7.00 $8.75 $10.50 $12.25

SHT Ramp Group A (2)

$1.20 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

SHT Ramp Group B (3)

$0.90 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

SHT Ramp Group C (4)

$0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50

Ship Channel Bridge $1.50 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00

Hardy Toll Road

Mainline Plazas $1.50 $3.50 $5.25 $7.00 $8.75 $10.50 $12.25

HTR Ramp Group A (5)

$1.20 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

HTR Ramp Group B (6)

$0.90 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

Westpark Tollway

Mainline Plazas $1.50 $3.50 $5.25 $7.00 $8.75 $10.50 $12.25

WPT Plaza Group B (7)

$1.20 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

WPT Plaza Group C (8)

$0.75 $1.50 $2.25 $3.00 $3.75 $4.50 $5.25

WPT Plaza Group D (9)

$0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50

WPT Plaza Group E (10)

$0.40 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50

Fort Bend Pky Ext. $1.50 $3.50 $5.25 $7.00 $8.75 $10.50 $12.25

Tomball Tollway

Mainline Plaza $1.50 $3.50 $5.25 $7.00 $8.75 $10.50 $12.25

Boudreaux / Grand Pky $1.20 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

SH 249/ Holderrieth $0.90 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

FM 2920 $0.75 $1.50 $2.25 $3.00 $3.75 $4.50 $5.25

Brown Rd. $0.50 $1.00 $1.50 $2.00 $2.50 $3.00 $3.50

(1) ‐ Includes EZ Tag and other AVI transponders accepted on the HCTRA sys tem.

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Bel tway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road East, South Pos t Oak Blvd, and Westpark Drive East

Exhibit D

New Base AVI Toll Rates by Vehicle Class (1)

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

Vehicle Classification

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa i rmont Pkwy, SH 35,

(3) SHT Ramp Group B includes John Rals ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM 865),

(4) SHT Ramp Group C includes Wi lson Road and Bel tway 8 (to Westpark east or west)

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Ai rport Connector, Richey Road, and FM 1960

Sam Houston Tollway

Mainline Plazas $1.80 $4.20 $6.30 $8.40 $10.50 $12.60 $14.70

SHT Ramp Group A (2)

$1.44 $3.00 $4.50 $6.00 $7.50 $9.00 $10.50

SHT Ramp Group B (3)

$1.08 $2.40 $3.60 $4.80 $6.00 $7.20 $8.40

SHT Ramp Group C (4)

$0.65 $1.30 $1.95 $2.60 $3.25 $3.90 $4.55

Ship Channel Bridge $1.80 $4.80 $7.20 $9.60 $12.00 $14.40 $16.80

Hardy Toll Road

Mainline Plazas $1.80 $4.20 $6.30 $8.40 $10.50 $12.60 $14.70

HTR Ramp Group A (5)

$1.44 $3.00 $4.50 $6.00 $7.50 $9.00 $10.50

HTR Ramp Group B (6)

$1.08 $2.40 $3.60 $4.80 $6.00 $7.20 $8.40

Westpark Tollway

Mainline Plazas $1.80 $4.20 $6.30 $8.40 $10.50 $12.60 $14.70

WPT Plaza Group B (7)

$1.44 $3.00 $4.50 $6.00 $7.50 $9.00 $10.50

WPT Plaza Group C (8)

$0.90 $1.80 $2.70 $3.60 $4.50 $5.40 $6.30

WPT Plaza Group D (9)

$0.65 $1.30 $1.95 $2.60 $3.25 $3.90 $4.55

WPT Plaza Group E (10)

$0.55 $1.30 $1.95 $2.60 $3.25 $3.90 $4.55

Fort Bend Pky Ext. $1.80 $4.20 $6.30 $8.40 $10.50 $12.60 $14.70

Tomball Tollway

Mainline Plaza $1.80 $4.20 $6.30 $8.40 $10.50 $12.60 $14.70

Boudreaux / Grand Pky $1.44 $3.00 $4.50 $6.00 $7.50 $9.00 $10.50

SH 249/ Holderrieth $1.08 $2.40 $3.60 $4.80 $6.00 $7.20 $8.40

FM 2920 $0.90 $1.80 $2.70 $3.60 $4.50 $5.40 $6.30

Brown Rd. $0.65 $1.30 $1.95 $2.60 $3.25 $3.90 $4.55

(1) ‐ Image transactions involving l i cense plates on vehicles regis tered under HCTRA regis tered payment program.

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Beltway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road East, South Post Oak Blvd, and Westpark Drive East

Exhibit E

HCTRA Pre‐Registered Image Toll Rates by Vehicle Class(1)

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

Vehicle Classification

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa i rmont Pkwy, SH 35,

(3) SHT Ramp Group B includes John Ra ls ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM 865),

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Ai rport Connector, Richey Road, and FM 1960

Sam Houston Tollway

Mainline Plazas $1.88 $4.38 $6.57 $8.76 $10.95 $13.14 $15.33

SHT Ramp Group A (2)

$1.50 $3.13 $4.70 $6.26 $7.83 $9.39 $10.96

SHT Ramp Group B (3)

$1.13 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

SHT Ramp Group C (4)

$0.70 $1.40 $2.10 $2.80 $3.50 $4.20 $4.90

Ship Channel Bridge $1.88 $5.00 $7.50 $10.00 $12.50 $15.00 $17.50

Hardy Toll Road

Mainline Plazas $1.88 $4.38 $6.57 $8.76 $10.95 $13.14 $15.33

HTR Ramp Group A (5)

$1.50 $3.13 $4.70 $6.26 $7.83 $9.39 $10.96

HTR Ramp Group B (6)

$1.13 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

Westpark Tollway

Mainline Plazas $1.88 $4.38 $6.57 $8.76 $10.95 $13.14 $15.33

WPT Plaza Group B (7)

$1.50 $3.13 $4.70 $6.26 $7.83 $9.39 $10.96

WPT Plaza Group C (8)

$0.95 $1.90 $2.85 $3.80 $4.75 $5.70 $6.65

WPT Plaza Group D (9)

$0.70 $1.40 $2.10 $2.80 $3.50 $4.20 $4.90

WPT Plaza Group E (10)

$0.60 $1.40 $2.10 $2.80 $3.50 $4.20 $4.90

Fort Bend Pky Ext. $1.88 $4.38 $6.57 $8.76 $10.95 $13.14 $15.33

Tomball Tollway

Mainline Plaza $1.88 $4.38 $6.57 $8.76 $10.95 $13.14 $15.33

Boudreaux / Grand Pky $1.50 $3.13 $4.70 $6.26 $7.83 $9.39 $10.96

SH 249/ Holderrieth $1.13 $2.50 $3.75 $5.00 $6.25 $7.50 $8.75

FM 2920 $0.95 $1.90 $2.85 $3.80 $4.75 $5.70 $6.65

Brown Rd. $0.70 $1.40 $2.10 $2.80 $3.50 $4.20 $4.90

(1) ‐ Image transactions involving l i cense plates on vehicles regis tered under Third Party Payment Provider Services .

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Beltway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road East, South Post Oak Blvd, and Westpark Drive East

Exhibit F

Third Party Service Image Toll Rates by Vehicle Class(1)

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

Vehicle Classification

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa i rmont Pkwy, SH 35,

(3) SHT Ramp Group B includes John Ra ls ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM 865),

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Ai rport Connector, Richey Road, and FM 1960

Sam Houston Tollway

Mainline Plazas $3.00 $7.00 $10.50 $14.00 $17.50 $21.00 $24.50

SHT Ramp Group A (2)

$2.40 $5.00 $7.50 $10.00 $12.50 $15.00 $17.50

SHT Ramp Group B (3)

$1.80 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00

SHT Ramp Group C (4)

$1.00 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

Ship Channel Bridge $3.00 $8.00 $12.00 $16.00 $20.00 $24.00 $28.00

Hardy Toll Road

Mainline Plazas $3.00 $7.00 $10.50 $14.00 $17.50 $21.00 $24.50

HTR Ramp Group A (5)

$2.40 $5.00 $7.50 $10.00 $12.50 $15.00 $17.50

HTR Ramp Group B (6)

$1.80 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00

Westpark Tollway

Mainline Plazas $3.00 $7.00 $10.50 $14.00 $17.50 $21.00 $24.50

WPT Plaza Group B (7)

$2.40 $5.00 $7.50 $10.00 $12.50 $15.00 $17.50

WPT Plaza Group C (8)

$1.50 $3.00 $4.50 $6.00 $7.50 $9.00 $10.50

WPT Plaza Group D (9)

$1.00 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

WPT Plaza Group E (10)

$0.90 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

Fort Bend Pky Ext. $3.00 $7.00 $10.50 $14.00 $17.50 $21.00 $24.50

Tomball Tollway

Mainline Plaza $3.00 $7.00 $10.50 $14.00 $17.50 $21.00 $24.50

Boudreaux / Grand Pky $2.40 $5.00 $7.50 $10.00 $12.50 $15.00 $17.50

SH 249/ Holderrieth $1.80 $4.00 $6.00 $8.00 $10.00 $12.00 $14.00

FM 2920 $1.50 $3.00 $4.50 $6.00 $7.50 $9.00 $10.50

Brown Rd. $1.00 $2.00 $3.00 $4.00 $5.00 $6.00 $7.00

(1) ‐ Image transactions which are not pre‐regis tered which requi re HCTRA invoicing.

(7) Westpark Tol lway Ramp Group A includes Cook Road

(8) Westpark Tol lway Ramp Group B Fondren East

(9) Westpark Tol lway Ramp Group C Beltway 8 (to southbound Sam Houston) and Fondren Road

(10) Westpark Tol lway Ramp Group D Gessner Road East, South Post Oak Blvd, and Westpark Drive East

Exhibit G

Invoiced Image Toll Rates by Vehicle Class(1)

(6) Hardy Tol l Road Ramp Group B includes Tidwel l Road, Centra l Greens Blvd, and Rankin Road

Vehicle Classification

(2) SHT Ramp Group A includes W. Lake Houston, Generation Pkwy, Garrett Rd, Spencer Hwy, Fa i rmont Pkwy, SH 35,

(3) SHT Ramp Group B includes John Ra ls ton Road, Tidwel l , Red Bluff, Monroe / Pearland Parkway, Cul len (FM 865),

(5) Hardy Tol l Road Ramp Group A includes Li ttle York, Aldine Mai l Route, Ai rport Connector, Richey Road, and FM 1960

HCTRA Toll Invoicing Policy

The purpose of this Toll Invoicing Policy is to help facilitate the operations of County Projects by establishing policies and guidelines relating to the collection of tolls and other related matters.

HCTRA expressly reserves the right to implement practices and procedures with respect to the collection of tolls that factor in, among other things, the costs of collection in time, effort, resources and dollars and the benefit to the toll road system and its operations of revenue collected or projected to be collected from toll transactions as described in this policy.

This Toll Invoicing Policy supersedes and replaces any and all prior Interim Tolling Policy and

Toll Violations and Waiver Policies.

1. DEFINITIONS

Administrative Fees – Administrative costs imposed pursuant to Section 284.0701 of the Texas

Transportation Code, in the amounts and manner set forth in the “Fines and Fees Schedule” adopted by Commissioners Court, as may be amended.

Amounts Due – Any and all unpaid tolls, charges, fines, fees, and costs.

Collection Fees – Collection costs imposed pursuant to Section 284.202 of the Texas

Transportation Code, in the amounts and manner set forth in the “Fines and Fees Schedule” adopted by Commissioners Court, as may be amended.

County Fines – Fines imposed pursuant to Section 284.2032 of the Texas Transportation Code, in the amounts and manner set forth in the “Fines and Fees Schedule” adopted by Commissioners

Court, as may be amended, for each event of nonpayment of a required toll or charge imposed under Section 284.069 of the Texas Transportation Code or on any County Project as authorized under Section 228.059 of the Texas Transportation Code.

County Project – Any project as defined in Section 284.001(3) or any project or toll lanes operated and/or managed by the County under an agreement for tolling services, including but not limited to the Hardy Toll Road, the toll lanes that comprise the Houston METRO Express

(HOV/HOT) Lane System, Katy Managed Lanes, Sam Houston Tollway, Sam Houston Tollway

Ship Chanel Bridge, the toll lanes that comprise the State Highway 288 Express Toll System, Tomball Tollway, the Westpark Toll Road, and any project that TxDOT may authorize HCTRA to operate and/or manage.

Fee Waiver – A full or partial relinquishment of fees imposed under Section 284.0701 of the

Texas Transportation Code on accounts that have not been referred to collections. Except where otherwise provided, this policy does not authorize a waiver of Tolls.

HCTRA Toll Roads – Any or all of the roads made part of the Harris County Toll Road Authority system by Commissioners Court.

Second Toll Violation Invoice – A second written notice of nonpayment and unpaid tolls which includes a statement of unpaid tolls, fines, and fees issued by HCTRA.

Toll – Commissioners Court's approved charge for using the HCTRA Toll Roads imposed from time to time under Section 284.069 of the Texas Transportation Code.

Toll Setting Policy – Policy, adopted by Commissioners Court, that establishes the Toll for each location on the HCTRA Toll Roads based on the type of transaction and payment method and vehicle classification, among other things, as may be amended.

Toll Violation Invoice (“TVI”) – A written notice of nonpayment and notice of unpaid tolls, issued by HCTRA, pursuant to Sections 284.0701 and 284.202 of the Texas Transportation Code, which includes a statement of unpaid tolls, fines, and fees.

Violation Event – A failure or refusal to pay a Toll required by operation of a vehicle on a County

Project, pursuant to Section 284.070 of the Texas Transportation Code.

2. TOLL VIOLATION INVOICE (“TVI”)

Upon the effective date of this policy, HCTRA shall modify its invoice process to include the following features:

• Prompt notice to a violator of the initial Violation Event;

• Effective notice of Violation Events in a cost-efficient manner;

• The flexibility for HCTRA to issue TVIs depending on the number and frequency of the Violation Event(s) and the dollar amount of Toll(s);

• A cumulative summary of Violation Events on each TVI; and

• A $10.00 Administrative Fee for each Toll Violation Invoice issued by HCTRA, imposed in the amount and manner set forth in the “Fines and Fees Schedule” adopted by Commissioners Court, as may be amended.

HCTRA may issue a TVI after a period of 30-days from the initial Violation Event or after the occurrence of multiple Violation Events within a 365-day period, depending on the number and frequency of the Violation Event(s) and the dollar amount of Toll(s). By reducing invoicing frequency, HCTRA reduces the instances when Administrative Fees are imposed.

HCTRA shall send a TVI for all Violation Events, that have not already been included in a prior

Invoice, to the registered owner of each vehicle at the owner’s address as shown in the vehicle registration records of the Texas Department of Motor Vehicles or analogous department or agency of another state or country or an alternate address provided by the vehicle owner or through other reliable means by first-class mail. In the alternative, a TVI may be sent as an electronic record pursuant to Section 284.0703 of the Texas Transportation Code.

The TVI shall include all applicable Administrative Fees and County Fines and require payment no sooner than 30 days after the date the TVI was mailed. The TVI must include the total Amounts

Due, the date by which the Amounts Due must be paid and notice that failure to pay the amount due within the required period will result in a) the assessment of additional Administrative and

Collection Fees, b) an offense under Section 284.0701 of the Texas Transportation Code, and c) the vehicle being prohibited from accessing any County Project.

3. SECOND TOLL VIOLATION INVOICE

When a TVI remains unpaid by the due date indicated, HCTRA may send a Second Toll Violation

Invoice as a courtesy to the registered owner of the vehicle at the registered owner's address as shown in the vehicle registration records of the Texas Department of Motor Vehicles or the analogous department or agency of another state or country, as provided by the owner, or as derived through other reliable means by either first-class mail or as an electronic record pursuant to Section 284.0703 of the Texas Transportation Code.

The Second Toll Violation Invoice will require payment not sooner than the 30th day after the date the Second Toll Violation Invoice was mailed. The Second Toll Violation Invoice must include the total Amounts Due, the date by which the Amount Due must be paid, and a notice that operating the vehicle on a County Project is expressly prohibited.

4. DISPUTES

HCTRA may suspend the due date indicated in the TVI if a user properly disputes a Toll. HCTRA will research the disputed Toll and notify the customer of the findings and may reissue the TVI with revised Amounts Due and new due date, if applicable.

5. FEE WAIVERS

Fee Waivers shall be permitted in the following circumstances for EZ TAG customers and Non EZ

TAG customers. This courtesy is intended to provide customers reasonable reprieve for common errors associated with maintaining an EZ TAG account or failing to understand and comply with requirements to use the HCTRA toll facilities.

Notwithstanding anything to the contrary contained elsewhere, HCTRA reserves the right to deny or modify a Fee Waiver in its sole discretion based on a case-by-case review.

EZ TAG customers will be charged the EZ TAG Toll amounts according to the Toll Setting

Policy. Non EZ TAG customers will be charged the rates according to the Toll Setting Policy, unless otherwise stipulated below.

The waiver of any fees associated with the circumstances listed below shall not counted toward the permitted maximum number of Fee Waivers permitted during a 365-day period:

• HCTRA system or data entry error that results in an incorrect TVI.

• TxDOT or other toll agency record error that results in an incorrect TVI.

• Customer reports that the vehicle was sold, stolen, repossessed, traded-in, or given to charity before the Violation Events (s) occurred. One of the following forms of documentation is required:

1. Copy of Texas Motor Vehicle Transfer Notification

2. Copy of bill of sale (dated and signed by both parties)

3. Copy of Title (dated and signed by both parties)

4. Copy of Odometer Disclosure Statement

5. Copy of Repossession Statement

6. Copy of Police Report

7. Letter from insurance company stating the vehicle was salvaged.

• Customer reports credit card lost or stolen (documentation required).

• An error by a third-party banking institution or credit card processor that results in the issuance of a TVI.

• Customer or Registered Owner is deceased and the amount due on violation invoices does not exceed $300.00 (Death Certificate required).

A. EZ TAG Customers

EZ TAG customers may receive up to two Fee Waivers within a 365-day period from the date of the first waiver so long as the account has not aged to the debt collection process.

This includes the following circumstances:

1) Failing to update vehicle license information on an EZ TAG account, including those circumstances where the customer receives a TVI for failing to list a rental/lease vehicle on their EZ TAG account (e.g., failure to use EZ Plate),

2) Failing to update credit/debit card expiration date on an EZ TAG account, and

3) Failure/rejection of the payment method(s) on an EZ TAG account (e.g., card is rejected and electronic funds transfer does not occur).

B. Non-EZ TAG Customers

Non-EZ TAG account holders may receive only one Fee Waiver per vehicle within a 365-day period for any reason so long as the account has not aged to the debt collection process.

While some circumstances are beyond the norm and may need to be escalated for additional consideration, generally any customer who receives one or more TVIs may have the

Administrative Fees waived before the account is referred to collections.

The amount of the Fee Waiver will be determined and set by the Executive Director of the Harris

County Toll Road Authority, utilizing their experience, good judgment, and discretion. This

Waiver is not available unless requested by the owner of the vehicle.

To provide convenient customer service, reduce HCTRA’s operating expenses, and improve Toll collection, HCTRA is encouraged to convert Non EZ TAG customers to EZ TAG accounts when practical. In doing so HCTRA will apply the following guideline:

• If a non EZ TAG Customer opens an EZ TAG account after receiving one or more TVIs, before the account is referred to Collections, the customer will be charged the Pre-Registered

Plate Toll amount according to the Toll Setting Policy and all Administrative Fees will be waived.

Customers may not qualify for an EZ TAG account conversion reduction by opening a new EZ

TAG account when a customer already has an account, or by closing an existing EZ TAG Account and opening another one.

6. COLLECTIONS

After a TVI remains unpaid by the indicated due date, HCTRA will refer the delinquent account to the Office of County Attorney for collection and enforcement on the 60th day after the mail date of the underlying TVI. Collection Fees will be imposed in the amounts and manner set forth in the

“Fines and Fees Schedule” adopted by Commissioners Court, as may be amended. Commissioners

Court hereby authorizes the Office of County Attorney to settle and resolve all contested matters without respect to the amounts in controversy or number of vehicles or accounts.

7. ABILITY TO TOLL

A toll transaction that, with all due diligence, cannot be posted to either the Patron Account or violation system within 60 days because of technological errors (e.g., system malfunction, interface errors, etc.), power supply interruptions, or process failures, at the option of HCTRA, may be deemed a non-enforceable obligation of the patron. HCTRA reserves the right to recover loss of tolls associated with technological errors from contractors responsible for the losses.

8. EFFECTIVE DATE

Implementation of the terms of this Order shall be effective beginning August 1, 2023.

FINE & FEE SCHEDULE

The Commissioners Court imposes the following fines and costs for the collection of the unpaid tolls and charges:

(A) County Fine. Pursuant to Section 284.2032 of the Texas Transportation Code, the

Commissioners Court of Harris County hereby imposes a County Fine of one dollar ($1.00) for each event of nonpayment of a required toll or charge imposed under section 284.069 of the Texas Transportation Code or on any county project as authorized under Section

228.059 of the Texas Transportation Code.

(B) Administrative Fee. Pursuant to Section 284.0701 of the Texas Transportation Code, the

Commissioners Court of Harris County hereby imposes an administrative cost, totaling ten dollars ($10.00) for each Toll Violation Invoice for each event of nonpayment of a required toll or charge under Section 284.070 or on any county project as authorized under Section

228.059 of the Texas Transportation Code. The total amount of unpaid Administrative Fees shall not exceed seven hundred and fifty dollars ($750.00) for each vehicle.

(C) Collection Fee. Pursuant to Section 284.202 of the Texas Transportation Code, the

Commissioners Court of Harris County hereby imposes a Collection Fee of ten dollars

($10.00) for each Toll Violation Invoice that is not fully paid within sixty (60) days of the mail date of the invoice. The total amount of unpaid Collection Fees shall not exceed five hundred dollars ($500.00) for each vehicle.

(D) Citation Fee. Pursuant to Section 284.202 of the Texas Transportation Code, the

Commissioners Court of Harris County hereby imposes a Citation Fee of fifty dollars

($50.00) for each account of an unpaid toll or charge on which a citation has been issued initiating the administrative adjudication hearing process; such cost to be paid to the Law

Firm upon collection.

(E) Hearing Fee. Pursuant to Section 284.202 of the Texas Transportation Code, the

Commissioners Court of Harris County hereby imposes a Hearing Fee of fifty dollars

($50.00) as a cost for each account of an unpaid toll or charge which is presented at an administrative adjudication hearing.

(F) Hearing Fine. Pursuant to Section 284.204 of the Texas Transportation Code, the

Commissioners Court of Harris County hereby authorizes an Administrative Hearing

Officer to impose a civil fine in an amount not less than one dollar ($1.00) or more than five hundred dollars ($500.00) when issuing a decision.

THE STATE OF TEXAS §

COUNTY OF HARRIS §

The Commissioners Court of Harris County, Texas, met in regular session at its regular term at the Harris County Administration Building in the City of Houston, Texas, on

__________________________, with all members present except ________________________

A quorum was present. Among other business, the following was transacted:

ORDER PROHIBITING THE OPERATION OF A MOTOR VEHICLE ON

A COUNTY PROJECT AFTER FAILURE TO PAY REQUIRED TOLL OR

CHARGE; IMPOSING FINES AND FEES; AND ADOPTING

ADMINISTRATIVE ADJUDICATION HEARING PROCEDURE FOR

VIOLATION OF PROHIBITION

Commissioner ___________________________ introduced an order and moved that

Commissioners Court adopt the order. Commissioner _______________________ seconded the motion for adoption of the order. The motion, carrying with it the adoption of the order, prevailed by the following vote:

Yes No Abstain

Judge Lina Hidalgo

Comm. Rodney Ellis

Comm. Adrian Garcia

Comm. Tom S. Ramsey, P.E.

Comm. Lesley Briones

The Presiding Member thereupon announced that the motion had duly and lawfully carried and that the order had been duly and lawfully adopted. The order adopted follows:

WHEREAS, the Commissioners Court ordered on January 23, 1996 that, effective

February 1, 1996, no motor vehicle may be operated on any county project for which a toll or charge has been legally imposed if the operator has failed to pay a required toll or charge pursuant to section 284.070 of the Texas Transportation Code;

WHEREAS, the Commissioners Court ordered on May 2, 2000 the adoption of an administrative adjudication hearing procedure for violations of the January 23, 1996 order;

WHEREAS, the Commissioners Court ordered on May 11, 2004 the adoption of a revised administrative adjudication hearing procedure for violations of the January 23, 1996 order to incorporate the contract with a third-party law firm for the collections of fines, fees, and costs owed to the County;

WHEREAS, the Commissioners Court ordered on February 12, 2019 the modification of the administrative and collection fees charged for toll road violations and the collections be performed in-house by County personnel and the County Attorney;

WHEREAS, House Bill 1116 of the 87th Texas Legislature, effective May 15, 2021, amended Section 228.059 of the Texas Transportation Code to require that, for toll lanes authorized pursuant to Section 228.007(b) or under an agreement under Subchapter E of Chapter

223 of the Texas Transportation Code, a toll collected pursuant to an agreement for tolling services with a toll project entity, such as the County, is governed by the fee and fine structure of the entity issuing the initial toll invoice;

WHEREAS, the County is the entity that issues the initial toll invoice for the collection of tolls pursuant to certain tolling services agreements with other entities that were authorized to operate toll lanes pursuant to Section 228.007(b) or under an agreement under Subchapter E of

Chapter 223 of the Texas Transportation Code; therefore, pursuant to Section 228.059 of the Texas

Transportation Code, any tolls collected by the County pursuant to any such tolling service agreement are governed by the same fee and fine structure as the County;

WHEREAS, the County is a toll project entity under Chapter 284 of the Texas

Transportation Code, and the County’s fee and fine structure for the collection and enforcement of tolls is set forth in Chapter 284;

WHEREAS, the County owns and operates certain county toll projects that comprise the

County’s toll road system, which collectively are operated by the Harris County Toll Road

Authority (“HCTRA”), a unit of County government, as a “pooled” project under Chapter 284;

WHEREAS, as the entity that issues the initial invoice, now that the County is expressly authorized to use its fee and fine structure to govern the collection of tolls for other entity projects, the Commissioners Court desires to establish uniform collection and enforcement methods by which the County will use the same powers and procedures including the use of administrative hearing procedures and the imposition of fees and fines, for toll enforcement of other entity projects as are available to the County with respect to County Projects under Chapter 284;

WHEREAS, the Commissioners Court desires to order a revised administrative adjudication hearing procedure…