SRC-JXG S.B. 297 76(R)   BILL ANALYSIS


Senate Research Center   S.B. 297
76R117 JD-FBy: Armbrister
Intergovernmental Relations
2/18/1999
As Filed


DIGEST 

Currently, Texas law does not have laws regarding the operation of a
photographic traffic monitoring system by a municipality. The photographic
traffic monitoring system identifies motor vehicles which operate in
violation of a traffic signal. This bill would authorize a municipality to
implement and operate a photographic traffic monitoring system. 

PURPOSE

As proposed, S.B. 297 authorizes a municipality to implement and operate a
photographic traffic monitoring system. 

RULEMAKING AUTHORITY

Rulemaking authority is granted to a municipality in SECTION 1 (Section
707.002(a), Transportation Code) of this bill.  

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Title 7I, Transportation Code, by adding Chapter 707, as
follows: 

CHAPTER 707. PHOTOGRAPHIC TRAFFIC MONITORING SYSTEMS

Sec. 707.001. DEFINITIONS. Defines "photographic traffic monitoring
system," "recorded image," and "traffic-control signal." 

Sec. 707.002. PHOTOGRAPHIC TRAFFIC MONITORING SYSTEM. Authorizes a
municipality by ordinance to implement a photographic traffic monitoring
system if certain conditions exist, and to adopt rules and procedures
necessary for the photographic traffic monitoring system. Requires an
ordinance adopted under Subsection (a) to specify the amount of the civil
penalty, which may not exceed $100. 

Sec. 707.003. HEARING PROCESS. Requires an ordinance adopted under Section
707.002 to establish a hearing process for the resolution of civil
penalties by the municipality. Requires the hearing process to provide
procedural and substantive due process to alleged offenders. Authorizes the
hearing process to include the administrative adjudication hearing
provisions described by Sections 682.004-682.011. 

Sec. 707.004. ADMISSIBILITY OF RECORDED IMAGE MADE BY PHOTOGRAPHIC TRAFFIC
MONITORING SYSTEM. Provides that a recorded image made by a photographic
traffic monitoring system is admissible in an administrative adjudication
hearing and is evidence sufficient to support a finding that the vehicle
identified by the image was operated in violation of the instructions of an
electrically operated traffic-control signal. 

Sec. 707.005. NONLIABILITY OF MOTOR VEHICLE OWNER. Provides that an owner
of a motor vehicle is not liable for a civil penalty under an ordinance
adopted under Section 707.002 if certain conditions exist. Sets forth
conditions under which Subsections (a)(1)(A) and (a)(1)(C) apply. 

 Sec. 707.006. CIVIL PENALTY NOT A CONVICTION. Provides that an imposition
of a civil penalty under this chapter on the owner of a motor vehicle
operated in violation of the instructions of a traffic-control signal is
not a conviction under Subtitle C. 

Sec. 707.007. IMPLEMENTATION OF SYSTEM. Authorizes a municipality that
implements a photographic traffic monitoring system under this chapter to
install and operate the system or contract for the installation or
operation of the system.  

Sec. 707.008. EFFECT OF CHAPTER ON OTHER LAWS. Provides that this chapter,
or an ordinance adopted by a municipality under this chapter, does not
affect the enforcement in that municipality of Section 544.007(d). 

SECTION 2. Amends Section 542.202(a), Transportation Code, to provide that
this subtitle does not prevent a local authority from implementing a
photographic traffic monitoring system under Chapter 707. 

SECTION 3. Effective date: September 1, 1999.

SECTION 4. Emergency clause.