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.