By: Armbrister S.B. No. 317 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of a municipality to implement a 1-2 photographic traffic-control system; providing for imposition of 1-3 civil penalties. 1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-5 SECTION 1. DEFINITIONS. In this Act: 1-6 (1) "Photographic traffic-control system" means a 1-7 system that: 1-8 (A) consists of a photographic camera and 1-9 vehicle sensor installed to work in conjunction with an 1-10 electrically operated traffic-control signal; and 1-11 (B) automatically produces one or more 1-12 photographs of a vehicle that is not operated in compliance with 1-13 the instructions of the traffic-control signal. 1-14 (2) "Traffic-control signal" has the meaning assigned 1-15 by Subsection (b), Section 18, Uniform Act Regulating Traffic on 1-16 Highways (Article 6701d, Vernon's Texas Civil Statutes). 1-17 SECTION 2. PHOTOGRAPHIC TRAFFIC-CONTROL SYSTEM. (a) A 1-18 municipality by ordinance may implement a photographic 1-19 traffic-control system and provide that the owner of a motor 1-20 vehicle is liable for a civil penalty if, while facing a steady red 1-21 light on an electrically operated traffic-control signal, the 1-22 vehicle is operated in violation of the instructions of that 1-23 traffic-control signal, as specified by Subsection (c), Section 33, 2-1 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's 2-2 Texas Civil Statutes). 2-3 (b) Sections 2 through 8, except Subdivisions (4) and (5), 2-4 Section 5, Article 6701d-24, Revised Statutes, apply to an 2-5 ordinance adopted under this Act as if a violation described in 2-6 Subsection (a) of this section were a violation of a municipal 2-7 ordinance relating to the parking or stopping of vehicles under 2-8 Section 1 of that article. 2-9 (c) If a municipality adopts an ordinance under this Act, 2-10 the ordinance must prescribe the amount of the civil penalty. The 2-11 amount of the civil penalty may not exceed the maximum fine 2-12 prescribed by the Uniform Act Regulating Traffic on Highways 2-13 (Article 6701d, Vernon's Texas Civil Statutes) for a violation of 2-14 Subsection (c) of Section 33 of that Act. 2-15 (d) An ordinance adopted under this Act may provide that: 2-16 (1) a photograph taken by a photographic 2-17 traffic-control system is admissible in an administrative 2-18 adjudication hearing and is evidence sufficient to support a 2-19 finding that the vehicle identified by the photograph was operated 2-20 in violation of the instructions of an electrically operated 2-21 traffic-control signal; and 2-22 (2) the owner of a vehicle is not liable for a civil 2-23 penalty under the ordinance if at the time the vehicle was operated 2-24 in violation of the instructions of the traffic-control signal: 2-25 (A) the owner of the vehicle was a person in the 3-1 business of renting or leasing motor vehicles and the vehicle was 3-2 being operated by the lessee of the vehicle under a written rental 3-3 or lease agreement; or 3-4 (B) the vehicle was a stolen vehicle and being 3-5 operated without the effective consent of the owner. 3-6 (e) The imposition of a civil penalty on the owner of a 3-7 vehicle that is operated in violation of the instructions of a 3-8 traffic-control signal, as specified by Subsection (c), Section 33, 3-9 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's 3-10 Texas Civil Statutes), is not a conviction under that Act. 3-11 SECTION 3. IMPLEMENTATION OF SYSTEM. A municipality that 3-12 implements a photographic traffic-control system under this Act 3-13 may: 3-14 (1) install and operate the system; or 3-15 (2) contract for the installation or operation of the 3-16 system. 3-17 SECTION 4. EFFECT OF ACT ON OTHER LAWS. This Act, or an 3-18 ordinance adopted by a municipality under this Act, does not affect 3-19 the enforcement in the municipality of Subsection (c), Section 33, 3-20 Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's 3-21 Texas Civil Statutes). No person shall be liable for a civil 3-22 penalty imposed pursuant to an ordinance adopted under this Act if 3-23 the operator of the motor vehicle has been convicted of violating 3-24 Subsection (c), Section 33, Uniform Act Regulating Traffic on 3-25 Highways (Article 6701d, Vernon's Texas Civil Statutes), for the 4-1 same violation of the instructions of the same traffic-control 4-2 signal. 4-3 SECTION 5. EFFECTIVE DATE. This Act takes effect 4-4 September 1, 1995. 4-5 SECTION 6. EMERGENCY. The importance of this legislation 4-6 and the crowded condition of the calendars in both houses create an 4-7 emergency and an imperative public necessity that the 4-8 constitutional rule requiring bills to be read on three several 4-9 days in each house be suspended, and this rule is hereby suspended.