BILL ANALYSIS C.S.S.B. 317 By: Armbrister Intergovernmental Relations 4-20-95 Committee Report (Substituted) BACKGROUND The failure of many drivers in this state to heed traffic signals causes potential danger both to drivers and pedestrians. It is difficult for law enforcement personnel to effectively supervise even the busiest traffic intersections. PURPOSE As proposed, C.S.S.B. 317 authorizes a municipality to implement a photographic traffic-control system and imposes civil penalties for violations of the instructions of a traffic-control signal. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. DEFINITIONS. Defines "photographic traffic-control system" and "traffic-control signal." SECTION 2. PHOTOGRAPHIC TRAFFIC-CONTROL SIGNAL. (a) Authorizes a municipality by ordinance to implement a photographic traffic-control system and provide that the owner of a motor vehicle is liable for a civil penalty in violation of the instructions of a traffic-control signal. (b) Provides that Sections 2-8, except Sections 5(4) and 5(5), Article 6701d-24, V.T.C.S., apply to an ordinance adopted under this Act as if a violation described in Subsection (a) of this section were a violation of a municipal ordinance relating to the parking or stopping of vehicles. (c) Requires an ordinance adopted by a municipality under this Act to prescribe the amount of the civil penalty. Prohibits the amount of the civil penalty from exceeding the maximum fine prescribed by Article 6701d, V.T.C.S. (Uniform Act Regulating Traffic on Highways), for a violation of Section 33(c) of that Act. (d) Authorizes an ordinance adopted under this Act to provide that a photograph taken by a photographic traffic-control system is admissible evidence in an administrative hearing and is evidence sufficient to support a finding that the vehicle was operated in violation of the instructions of a traffic-control signal; and the owner of vehicle if operated in violation of the instructions of the traffic-control signal, is not liable for a civil penalty under certain conditions. (e) Provides that the imposition of a civil penalty on the owner of a vehicle that is operated in violation of the instructions of a traffic-control signal, as specified by Section 33(c), Article 6701d, V.T.C.S., is not a conviction under that Act. SECTION 3. IMPLEMENTATION OF SYSTEMS. Authorizes a municipality that implements a photographic traffic-control system to install and operate the system or contract for the installation or operation of the system. SECTION 4. EFFECT OF ACT ON OTHER LAWS. Provides that this Act, or an ordinance adopted by a municipality under this Act, does not affect the enforcement in the municipality of Section 33(c), Article 6701d, V.T.C.S. Provides that no person shall be liable for a civil penalty imposed pursuant to an ordinance adopted under this Act if the operator of the motor vehicle has been convicted of violating Article 6701d, V.T.C.S., for the same violation of the instructions of the same traffic-control signal. SECTION 5. Effective date: September 1, 1995. SECTION 6. Emergency clause.