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.