TX Attorney General Opinion. THE LOOPHOLE on Tollroads. Administrative Fee Cap. The Legislative Fix.

LOOPHOLES in the Attorney General Cap on administrative fees: toll roads that are operated by non-TXDOT entities, or that have contracts awarded for operation by non-TXDOT entities.

What’s an example of a non-TXDOT tollroad? Tollraods operated by Central Texas Regional Mobility Authority

What’s the legislative fix? Adding the administrative cap to Texas Transportation Code, Section 370 which govrns tollroads operated by regional mobility authorities.

Statesman | Wear: Why toll fees remain uncapped on some Central Texas roads

Refreshing our recollection, informed:intel:

 

Texas Attorney General Opinion KP-0184 establishes that 2017’s SB 312 caps administrative fees of private toll operators too.

Yes, yes it does and here is why:

  • Operators get to operate a toll lane only by order of TXDOT
  • TEX. TRANSP. CODE § 228.007(a)  says the toll operation agreements charge a toll “under this section”
  • “This section 228.007(b)(2) gives the toll operator the same duties as TXDOT which means the limits on administrative fees applies