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.