1-1  By:  Armbrister                                        S.B. No. 317
    1-2        (In the Senate - Filed January 25, 1995; January 26, 1995,
    1-3  read first time and referred to Committee on Intergovernmental
    1-4  Relations; April 19, 1995, reported adversely, with favorable
    1-5  Committee Substitute by the following vote:  Yeas 9, Nays 0;
    1-6  April 19, 1995, sent to printer.)
    1-7  COMMITTEE SUBSTITUTE FOR S.B. No. 317                By:  Wentworth
    1-8                         A BILL TO BE ENTITLED
    1-9                                AN ACT
   1-10  relating to the authority of a municipality to implement a
   1-11  photographic traffic-control system; providing for imposition of a
   1-12  civil penalty.
   1-13        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
   1-14        SECTION 1.  DEFINITIONS.  In this Act:
   1-15              (1)  "Photographic traffic-control system" means a
   1-16  system that:
   1-17                    (A)  consists of a photographic camera and
   1-18  vehicle sensor installed to work in conjunction with an
   1-19  electrically operated traffic-control signal; and
   1-20                    (B)  automatically produces one or more
   1-21  photographs of a vehicle that is not operated in compliance with
   1-22  the instructions of the traffic-control signal.
   1-23              (2)  "Traffic-control signal" has the meaning assigned
   1-24  by Subsection (b), Section 18, Uniform Act Regulating Traffic on
   1-25  Highways (Article 6701d, Vernon's Texas Civil Statutes).
   1-26        SECTION 2.  PHOTOGRAPHIC TRAFFIC-CONTROL SYSTEM.  (a)  A
   1-27  municipality by ordinance may implement a photographic
   1-28  traffic-control system and provide that the owner of a motor
   1-29  vehicle is liable for a civil penalty if, while facing a steady red
   1-30  light on an electrically operated traffic-control signal, the
   1-31  vehicle is operated in violation of the instructions of that
   1-32  traffic-control signal, as specified by Subsection (c), Section 33,
   1-33  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   1-34  Texas Civil Statutes).
   1-35        (b)  Sections 2 through 8, except Subdivisions (4) and (5),
   1-36  Section 5, Article 6701d-24, Revised Statutes, apply to an
   1-37  ordinance adopted under this Act as if a violation described in
   1-38  Subsection (a) of this section were a violation of a municipal
   1-39  ordinance relating to the parking or stopping of vehicles under
   1-40  Section 1 of that article.
   1-41        (c)  If a municipality adopts an ordinance under this Act,
   1-42  the ordinance must prescribe the amount of the civil penalty.  The
   1-43  amount of the civil penalty may not exceed the maximum fine
   1-44  prescribed by the Uniform Act Regulating Traffic on Highways
   1-45  (Article 6701d, Vernon's Texas Civil Statutes) for a violation of
   1-46  Subsection (c) of Section 33 of that Act.
   1-47        (d)  An ordinance adopted under this Act may provide that:
   1-48              (1)  a photograph taken by a photographic
   1-49  traffic-control system is admissible in an administrative
   1-50  adjudication hearing and is evidence sufficient to support a
   1-51  finding that the vehicle identified by the photograph was operated
   1-52  in violation of the instructions of an electrically operated
   1-53  traffic-control signal; and
   1-54              (2)  the owner of a vehicle is not liable for a civil
   1-55  penalty under the ordinance if at the time the vehicle was operated
   1-56  in violation of the instructions of the traffic-control signal:
   1-57                    (A)  the owner of the vehicle was a person in the
   1-58  business of renting or leasing motor vehicles and the vehicle was
   1-59  being operated by the lessee of the vehicle under a written rental
   1-60  or lease agreement; or
   1-61                    (B)  the vehicle was a stolen vehicle and being
   1-62  operated without the effective consent of the owner.
   1-63        (e)  The imposition of a civil penalty on the owner of a
   1-64  vehicle that is operated in violation of the instructions of a
   1-65  traffic-control signal, as specified by Subsection (c), Section 33,
   1-66  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   1-67  Texas Civil Statutes), is not a conviction under that Act.
   1-68        SECTION 3.  IMPLEMENTATION OF SYSTEM.  A municipality that
    2-1  implements a photographic traffic-control system under this Act
    2-2  may:
    2-3              (1)  install and operate the system; or
    2-4              (2)  contract for the installation or operation of the
    2-5  system.
    2-6        SECTION 4.  EFFECT OF ACT ON OTHER LAWS.  This Act, or an
    2-7  ordinance adopted by a municipality under this Act, does not affect
    2-8  the enforcement in the municipality of Subsection (c), Section 33,
    2-9  Uniform Act Regulating Traffic on Highways (Article 6701d, Vernon's
   2-10  Texas Civil Statutes).  No person shall be liable for a civil
   2-11  penalty imposed pursuant to an ordinance adopted under this Act if
   2-12  the operator of the motor vehicle has been convicted of violating
   2-13  Subsection (c), Section 33, Uniform Act Regulating Traffic on
   2-14  Highways (Article 6701d, Vernon's Texas Civil Statutes), for the
   2-15  same violation of the instructions of the same traffic-control
   2-16  signal.
   2-17        SECTION 5.  EFFECTIVE DATE.  This Act takes effect
   2-18  September 1, 1995.
   2-19        SECTION 6.  EMERGENCY.  The importance of this legislation
   2-20  and the crowded condition of the calendars in both houses create an
   2-21  emergency and an imperative public necessity that the
   2-22  constitutional rule requiring bills to be read on three several
   2-23  days in each house be suspended, and this rule is hereby suspended.
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