Section 5: Collection of Debt
Collection of debt applies to specified percentage agreements where TxDOT is the acquiring agency and the funds become insufficient to cover the actual right of way costs. The district sends a First Notice Letter to the LG and uploads into the enterprise content management system after either of the following:
- Anchor: #ATYMUDEO
- The LG deposit has been depleted by 75% or more; Anchor: #JIQIQFKY
- The LG deposit becomes insufficient; Anchor: #XVIVEJYF
- The LG periodic payment is 30 days past due; or Anchor: #BJLCEHWN
- The right of way project is complete.
If payment is not received by the due date, districts must follow 43 TAC Chapter 5, Subchapter B, Section 5.10 Collection of Debts since the debt is now delinquent and the First Demand and Final Demand Letters must be sent and uploaded into the enterprise content management system.
If the LG is still delinquent after the First Demand and Final Demand Letters have been sent, the ROW Program Office will forward all letters as sent to the LG to the Financial Management Division (FIN), including the certified mail receipts. FIN refers delinquent debt to the Office of Attorney General (OAG) for further actions.
Document retention for collection of debt is maintained in the enterprise content management system.