**Title: Toll Troubles: The Shepard's Struggle and Texas' Tough Stance on Unpaid Tolls**
In a chilly February morning, LaTasha and Morris Shepard found themselves facing a Denton County justice of the peace, confronted with the looming threat of jail time.
A letter had arrived at their McKinney home weeks prior, warning of an arrest warrant if Morris Shepard failed to appear in court. Morris, a disabled military veteran in his 60s with 17 years of service in the Army, stood beside his wife LaTasha, who worked as a legal advocate for the National Urban League. Aware of the consequences, they knew they couldn't miss the court date. His offense? Accruing $272 in unpaid tolls.
Living in Texas meant facing the state's strict stance on toll non-payment, even in cases like Morris's where a bank account error was to blame. Texas stands out for criminalizing toll non-payment and regularly issuing arrest warrants over such debts. Cities like Dallas even publish the names of toll offenders on county websites, as revealed by a Dallas Morning News investigation.
Texas aggressively seizes thousands of driver’s licenses annually and blocks vehicle registration stickers for unpaid toll fees. Just two of the state’s largest tollway authorities, the North Texas Tollway Authority (NTTA) in Dallas and the Central Texas Regional Mobility Authority in Austin, sent letters to 226,847 motorists last year, informing them of blocked registration renewals. NTTA has even impounded a few cars over the past decade. Unlike other states offering discounts to frequent toll users or low-income households, most of Texas’ more than two dozen toll operators provide few concessions.
Despite substantial cash reserves accumulated by some of the state’s largest tollway operators, which could potentially offer millions of drivers free access to toll roads, Texas continues its aggressive collection practices. For example, the Harris County Toll Road Authority, managing toll roads in Houston, held $1 billion in unrestricted cash and investments as of the fiscal year ending February 28, 2022, with an additional $1.06 billion transferred to Harris County from 2019 to 2022. However, these funds were not used for customer discounts, as The News' investigation revealed.
While toll operators argue that reserves allow them to borrow at lower interest rates for future road projects, critics question the necessity of such high reserves. The News' investigation included audits, financial documents, and interviews with officials, revealing that North Texas has become the center for criminal enforcement of unpaid tolls. Citations issued by NTTA overshadow all other cases handled by some justices of the peace and municipal courts in North Texas, including evictions and debt collections. The backlog of cases has forced some judges to pay their staff overtime to manage.
The investigation also raised legal questions about Texas' methods of charging vehicle owners. Legal experts argue that a photo of a vehicle's license plate traveling a toll road is insufficient evidence to meet the burden of proof necessary in a criminal case. Under criminal law, evidence must prove beyond a reasonable doubt that a person acted illegally. Some toll operators also lack processes to ensure drivers understand the fees and fines they face, leading to surprises and penalties for drivers.
NTTA and other toll operators maintain that they operate fairly, emphasizing that using toll roads is optional. They advise drivers to choose routes that fit their budgets if they are unhappy with toll charges.
The transition from manual toll payment to electronic systems in the late 1980s and early 2000s simplified toll collection but made it harder for toll operators to collect fees from drivers without toll tags. This led to increased enforcement actions by toll operators like NTTA, including impounding vehicles and blocking vehicle registrations for unpaid toll fees.
As Texas prepares for continued growth, lawmakers may explore ways to lessen the burden of tolls. Some judges, like those in North Texas, have already taken steps to reduce fines to help people manage their toll obligations. Other states offer rebates and discounts to low-income families and frequent toll users, suggesting alternative approaches to toll enforcement.