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. 2-24 * * * * *