BILL ANALYSIS S.B. 876 By: Cain Intergovernmental Relations 3-23-95 Committee Report (Unamended) BACKGROUND Photo ticketing is an enforcement tool that has been used in about 40 countries around the world for the last 15 to 20 years. This method can positively identify a violator's vehicle in a non-discriminatory fashion producing photographic evidence that also shows the date, location, and other relevant information. This method eliminates the need to build expensive enforcement areas in future constructions of high occupancy vehicle lanes and hazardous and costly enforcement operations on congested freeways. PURPOSE As proposed, S.B. 876 authorizes a municipality to implement a photographic preferential traffic lane enforcement system; provides for a civil penalty. 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 preferential traffic lane enforcement system" and "preferential traffic lane." SECTION 2. PHOTOGRAPHIC PREFERENTIAL TRAFFIC LANE ENFORCEMENT SYSTEM. (a) Authorizes a municipality, by ordinance, to implement a photographic preferential traffic lane enforcement system (system) and provide that the owner of a motor vehicle is liable for a civil penalty if the vehicle is operated in violation of a limitation imposed on the usage of a preferential traffic lane. (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) were a violation of a municipal ordinance relating to the parking or stopping of vehicle. (c) Authorizes an adopted ordinance to provide that a photograph taken by a system is admissible in an administrative adjudication hearing and is sufficient evidence to support a finding that the vehicle identified by the photograph was operated in violation of the limitation imposed on the usage of the preferential traffic lane. SECTION 3. IMPLEMENTATION OF SYSTEM. Authorizes a municipality that implements a system under this Act to install and operate the system or contract for the installation or operation of the system. SECTION 4. Effective date: September 1, 1995. SECTION 5. Emergency clause.