By Driver, Madden, Hinojosa                           H.B. No. 1152
         Substitute the following for H.B. No. 1152:
         By Hupp                                           C.S.H.B. No. 1152
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the authority of a municipality to implement a
 1-3     photographic traffic-control system; providing for imposition of a
 1-4     civil penalty.
 1-5           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-6           SECTION 1.  Subtitle I, Title 7, Transportation Code, is
 1-7     amended by adding Chapter 707 to read as follows:
 1-8             CHAPTER 707.  PHOTOGRAPHIC TRAFFIC-CONTROL SIGNAL  
 1-9                             MONITORING SYSTEM 
1-10           Sec. 707.001.  APPLICABILITY.  This chapter applies only to a
1-11     municipality in a county that has a population of more than 150,000
1-12     or is contiguous to a county in this state that has a population of
1-13     more than 150,000.
1-14           Sec. 707.002.  DEFINITIONS.  In this chapter:
1-15                 (1)  "Owner of a motor vehicle" means the owner of a
1-16     motor vehicle as shown on the motor vehicle registration records of
1-17     the Texas Department of Transportation or the analogous department
1-18     or agency of another state or country.
1-19                 (2)  "Photographic traffic monitoring system" means a
1-20     system that:
1-21                       (A)  consists of a camera and vehicle sensor
1-22     installed to work in conjunction with an electrically operated
1-23     traffic-control signal; and
1-24                       (B)  is capable of producing at least two
 2-1     recorded images that depict the license plate attached to the rear
 2-2     of a motor vehicle that is not operated in compliance with the
 2-3     instructions of the traffic-control signal.
 2-4                 (3)  "Recorded image" means a single-frame image that:
 2-5                       (A)  depicts the rear of a motor vehicle; and
 2-6                       (B)  is automatically recorded on a photograph or
 2-7     digital image.
 2-8                 (4)  "Traffic-control signal" has the meaning assigned
 2-9     by Section 541.304.
2-10           Sec. 707.003.  AUTHORITY TO IMPLEMENT PHOTOGRAPHIC
2-11     TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM.  The governing body of a
2-12     municipality by ordinance may implement a photographic
2-13     traffic-control signal monitoring system and provide that the owner
2-14     of a motor vehicle, or the lessee of a motor vehicle rented or
2-15     leased from a person in the business of renting or leasing motor
2-16     vehicles, is liable for a civil penalty if, while facing only a
2-17     steady red signal displayed by an electrically operated
2-18     traffic-control signal located in the municipality, the vehicle is
2-19     operated in violation of the instructions of that traffic-control
2-20     signal, as specified by Section 544.007(d).
2-21           Sec. 707.004.  INSTALLATION AND OPERATION OF PHOTOGRAPHIC
2-22     TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM.  A municipality that
2-23     implements a photographic traffic-control signal monitoring system
2-24     under this chapter may:
2-25                 (1)  install and operate the system; or
2-26                 (2)  contract for the installation or operation of the
2-27     system.
 3-1           Sec. 707.005.  RECORDED IMAGE REQUIRED TO DEPICT LICENSE
 3-2     PLATE.  (a)  A municipality may not install or operate a
 3-3     photographic traffic-control signal monitoring system under this
 3-4     chapter unless the system is capable of clearly depicting on a
 3-5     recorded  image made by the system the registration number on a
 3-6     license plate attached to the rear of a motor vehicle.
 3-7           (b)  The department, agency, or office of the municipality
 3-8     designated under Section 707.007 may not issue a citation or
 3-9     summons under this chapter unless one or more of the recorded
3-10     images of the vehicle involved in the violation clearly depicts the
3-11     registration number on the license plate attached to the rear of
3-12     the motor vehicle.
3-13           Sec. 707.006.  AMOUNT OF CIVIL PENALTY.  (a) An ordinance
3-14     adopted under this chapter must prescribe the amount of the civil
3-15     penalty.  Except as provided by Subsection (b), the amount of the
3-16     civil penalty may not be greater than $75.
3-17           (b)  For a third or subsequent offense in any 12-month
3-18     period, the amount of the penalty may not be greater than $200.
3-19           Sec. 707.007.  DESIGNATION OF ENFORCING AND ADMINISTERING
3-20     DEPARTMENT, AGENCY, OR OFFICE.  (a)  An ordinance adopted under
3-21     this chapter shall specify the department, agency, or office of the
3-22     municipality responsible for the enforcement and administration of
3-23     this chapter.
3-24           (b)  The ordinance may, but is not required to, designate the
3-25     police department of the municipality as the department responsible
3-26     for the enforcement or administration of this chapter.
3-27           Sec. 707.008.  EFFECT ON OTHER ENFORCEMENT.  (a)  The
 4-1     implementation of a photographic traffic-control signal  monitoring
 4-2     system by a municipality under this chapter does not:
 4-3                 (1)  preclude the application or enforcement in the
 4-4     municipality of Section 544.007(d) in the manner prescribed by
 4-5     Chapter 543; or
 4-6                 (2)  prohibit a peace officer from arresting a violator
 4-7     of Section 544.007(d) as provided by Chapter 543 or from issuing
 4-8     the violator a citation and notice to appear as provided by that
 4-9     chapter.
4-10           (b)  A municipality may not impose or seek to impose a civil
4-11     penalty under this chapter on the owner of a motor vehicle if the
4-12     operator of the vehicle was arrested or issued a citation and
4-13     notice to appear by a peace officer for the same violation of
4-14     Section 544.007(d) recorded by the traffic-control signal
4-15     monitoring system.
4-16           Sec. 707.009.  APPLICABILITY OF OTHER LAWS.  Except as
4-17     otherwise provided by this chapter, Sections 682.003-682.011,
4-18     except for Section 682.010(4), apply to an ordinance adopted under
4-19     this chapter as if a violation described by Section 707.003 were a
4-20     violation of a municipal ordinance relating to the parking or
4-21     stopping of a vehicle under Chapter 682.
4-22           Sec. 707.010.  SITING OF SYSTEMS IN MUNICIPALITY.  (a)  The
4-23     governing body of the municipality shall approve the siting of the
4-24     photographic traffic-control signal monitoring system devices in
4-25     the municipality.
4-26           (b)  The siting of the devices must take into consideration:
4-27                 (1)  the frequency of motor vehicle accidents on
 5-1     streets and at intersections where official traffic-control signals
 5-2     are installed; and
 5-3                 (2)  the increased risk to children caused by vehicular
 5-4     traffic along streets and at intersections located within 1,000
 5-5     feet of a school.
 5-6           Sec. 707.011.  CITATION OR SUMMONS; CONTENTS.  (a)  The
 5-7     imposition of a civil penalty under this chapter is initiated by
 5-8     mailing a citation or a summons to the owner of the motor vehicle
 5-9     against which the municipality seeks to impose the civil penalty.
5-10           (b)  Not later than the 30th day after the date the violation
5-11     is alleged to have occurred, the designated department, agency, or
5-12     office of the municipality shall mail the citation or summons to
5-13     the owner at:
5-14                 (1)  the owner's address as shown on the registration
5-15     records of the Texas Department of Transportation; or
5-16                 (2)  if the vehicle is registered in another state or
5-17     country, the owner's address as shown on the motor vehicle
5-18     registration records of the department or agency of the other state
5-19     or country analogous to the Texas Department of Transportation.
5-20           (c)  A citation or summons issued under this chapter must
5-21     contain the following:
5-22                 (1)  a description of the violation alleged;
5-23                 (2)  the location of the intersection where the
5-24     violation  occurred;
5-25                 (3)  the date and time of the violation;
5-26                 (4)  the name and address of the owner of the vehicle
5-27     involved in the violation;
 6-1                 (5)  the registration number displayed on the license
 6-2     plate of the vehicle involved in the violation;
 6-3                 (6)  a copy of a recorded image of the vehicle involved
 6-4     in the violation that depicts the registration number displayed on
 6-5     the license plate of that vehicle;
 6-6                 (7)  the amount of the civil penalty prescribed by the
 6-7     governing body of the municipality for the violation;
 6-8                 (8)  the date by which the civil penalty must be paid;
 6-9                 (9)  a statement that the person named in the citation
6-10     or summons may elect to pay the civil penalty in lieu of appearing
6-11     at the time and place of the administrative adjudication hearing;
6-12                 (10)  a signed statement by a  technician employed by
6-13     the municipality or by an agent of the municipality that, based on
6-14     inspection of recorded images, the vehicle was operated in
6-15     violation of Section 544.007(d);
6-16                 (11)  a statement that a recorded image is evidence in
6-17     a proceeding for the imposition of a civil penalty for a violation
6-18     of Section 544.007(d);
6-19                 (12)  information that informs the person named in the
6-20     citation or summons:
6-21                       (A)  of the person's right to contest the
6-22     imposition of the civil penalty against the person in an
6-23     administrative adjudication;
6-24                       (B)  of the manner and time in which imposition
6-25     of the civil penalty or summons may be contested; and
6-26                       (C)  that failure to pay the civil penalty or to
6-27     contest liability in a timely manner is an admission of liability;
 7-1     and
 7-2                 (13)  a statement that, if at the time and place of the
 7-3     violation the vehicle was being operated by a person other than the
 7-4     owner, the owner may transfer liability for the violation to the
 7-5     person who was operating the vehicle at that time and place, but
 7-6     only if the owner submits to the municipality, on a form provided
 7-7     by the municipality:
 7-8                       (A)  the name and current address of the person:
 7-9                             (i)  operating the vehicle at the time and
7-10     place of the violation;
7-11                             (ii)  who was the lessee of the vehicle at
7-12     the time of the violation, if the vehicle was rented or leased from
7-13     a person in the business of renting or leasing motor vehicles at
7-14     that time; or
7-15                             (iii)  who was the subsequent owner of the
7-16     motor vehicle, if ownership of the vehicle was transferred by the
7-17     owner before the time of the violation; and
7-18                       (B)  information sufficient to establish that the
7-19     person named under:
7-20                             (i)  Paragraph (A)(i) was operating the
7-21     vehicle at the time and place of the violation;
7-22                             (ii)  Paragraph (A)(ii) was the lessee of
7-23     the vehicle at that time; or
7-24                             (iii)  Paragraph (A)(iii) was the
7-25     subsequent owner of the vehicle.
7-26           (d)  A citation or summons is presumed to have been received
7-27     on the fifth day after the date the citation or summons is mailed.
 8-1           Sec. 707.012.  ISSUANCE OF WARNING NOTICE IN LIEU OF CITATION
 8-2     OR SUMMONS.  (a)  In lieu of a citation or summons, the
 8-3     municipality may mail a warning notice to the owner.
 8-4           (b)  In addition to any other information contained in the
 8-5     warning notice, the warning notice must contain the information
 8-6     required by Sections 707.011(c)(1)-(5).
 8-7           Sec. 707.013.  UNTIMELY APPEAL.  Notwithstanding anything in
 8-8     Section 707.011(c) to the contrary, a person who fails to pay the
 8-9     amount of a civil penalty or to contest liability in a timely
8-10     manner is entitled to an administrative adjudication hearing on the
8-11     violation if:
8-12                 (1)  the person files an affidavit with the hearing
8-13     officer stating the date on which the person received the citation
8-14     or notice of the violation that was mailed to the person; and
8-15                 (2)  within the same period required by Section
8-16     707.011(c) for a hearing to be timely requested but measured from
8-17     the date the mailed citation or notice was received as stated in
8-18     the affidavit filed under Subdivision (1), the person requests an
8-19     administrative adjudication hearing.
8-20           Sec. 707.014.  BURDEN OF PROOF AT ADMINISTRATIVE ADJUDICATION
8-21     HEARING.  The hearing officer at an administrative adjudication
8-22     hearing under this chapter may not impose a civil penalty unless:
8-23                 (1)  the issues are proved at the hearing by a
8-24     preponderance of the evidence; or
8-25                 (2)  the owner or person alleged to have committed the
8-26     violation admits liability for the civil penalty.
8-27           Sec. 707.015.  SYSTEM RELIABILITY AND IMAGE VALIDITY.  (a)
 9-1     The reliability of the photographic traffic-control signal
 9-2     monitoring system used to produce the recorded image may be
 9-3     attested to in a proceeding under this chapter by affidavit of an
 9-4     officer or employee of the municipality or the entity with which
 9-5     the municipality contracts to install or operate the system who is
 9-6     responsible for inspecting and maintaining the system.
 9-7           (b)  An affidavit of an officer or employee of the
 9-8     municipality that alleges a violation of Section 544.007(d), based
 9-9     on an inspection of the pertinent recorded image, is admissible in
9-10     a proceeding under this chapter and is evidence of the facts
9-11     contained in the affidavit.
9-12           Sec. 707.016.  DEFENSES TO VIOLATION OR IMPOSITION OF CIVIL
9-13     PENALTY.  (a)  The hearing officer at an administrative
9-14     adjudication hearing shall consider in defense of the alleged
9-15     violation or in mitigation of the imposition of the civil penalty
9-16     that at the time and place of the violation:
9-17                 (1)  the traffic-control signal was not in proper
9-18     position and sufficiently legible to an ordinarily observant
9-19     person;
9-20                 (2)  the operator of the motor vehicle was acting in
9-21     compliance with the lawful order or direction of a police officer;
9-22                 (3)  the operator of the motor vehicle violated the
9-23     instructions of the traffic-control signal so as to yield the
9-24     right-of-way to an immediately approaching authorized emergency
9-25     vehicle;
9-26                 (4)  the motor vehicle was being operated as an
9-27     authorized emergency vehicle under Chapter 546 and that the
 10-1    operator was acting in compliance with that chapter;
 10-2                (5)  the motor vehicle was a stolen vehicle and being
 10-3    operated by a person other than the owner of the vehicle without
 10-4    the effective consent of the owner;
 10-5                (6)  the license plate depicted in the recorded image
 10-6    of the violation was a stolen plate and being displayed on a motor
 10-7    vehicle other than the motor vehicle for which the plate had been
 10-8    issued; or
 10-9                (7)  the vehicle was being operated by a person other
10-10    than the owner of the vehicle.
10-11          (b)  The hearing officer may admit and consider evidence on
10-12    any other matter or issue that the officer considers pertinent.
10-13          (c)  To demonstrate that at the time of the violation the
10-14    motor vehicle was a stolen vehicle or the license plate displayed
10-15    on the motor vehicle was a stolen plate, the owner must submit
10-16    proof acceptable to the hearing officer that the theft of the
10-17    vehicle or license plate had been timely reported to the
10-18    appropriate law enforcement agency.
10-19          Sec. 707.017.  SUBSEQUENT ACTIONS IN CONNECTION WITH STOLEN
10-20    VEHICLE OR LICENSE PLATE OR VEHICLE NOT DRIVEN BY OWNER.  (a)  If
10-21    the hearing officer at an administrative adjudication hearing finds
10-22    that at the time and place of the violation the motor vehicle was a
10-23    stolen vehicle, that the license plate displayed on the vehicle was
10-24    a stolen license plate, or that the vehicle was being operated by a
10-25    person other than the owner, the officer shall provide to the
10-26    designated department, agency, or office a copy of any evidence
10-27    received at the hearing that identifies the operator of the vehicle
 11-1    at that time and place.
 11-2          (b)  On receipt of the evidence from the hearing officer, the
 11-3    designated department, agency, or office may issue and mail a
 11-4    citation or summons to the person shown by the evidence to have
 11-5    been the operator of the vehicle at the time and place of the
 11-6    violation.
 11-7          (c)  In addition to alleging that the person was operating
 11-8    the vehicle at the time and place of the violation, a citation or
 11-9    summons under this section must:
11-10                (1)  comply with Section 707.011(c); and
11-11                (2)  be mailed not later than the 30th day after the
11-12    date the evidence is received from the hearing officer.
11-13          (d)  The person named in the citation or summons may contest
11-14    the violation or the imposition of the civil penalty in the same
11-15    manner that the owner of a vehicle may contest a violation or the
11-16    imposition of a civil penalty under this chapter.
11-17          Sec. 707.018.  IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.
11-18    The imposition of a civil penalty under this chapter is not a
11-19    conviction and may not be considered a conviction for any purpose.
11-20          Sec. 707.019.  RETENTION OF RECORDS AND RECORDED IMAGES.  The
11-21    municipality may not dispose of any record or recorded image
11-22    relating to a proceeding initiated under this chapter or to the
11-23    issuance of a warning citation under Section 707.012 before the
11-24    first anniversary of the date of the violation that is the subject
11-25    of the proceeding or the warning citation.
11-26          SECTION 2.  Section 542.202(a), Transportation Code, is
11-27    amended to read as follows:
 12-1          (a)  This subtitle does not prevent a local authority, with
 12-2    respect to a highway under its jurisdiction and in the reasonable
 12-3    exercise of the police power, from:
 12-4                (1)  regulating traffic by police officers or
 12-5    traffic-control devices;
 12-6                (2)  regulating the stopping, standing, or parking of a
 12-7    vehicle;
 12-8                (3)  regulating or prohibiting a procession or
 12-9    assemblage on a highway;
12-10                (4)  regulating the operation and requiring
12-11    registration and licensing of a bicycle, including payment of a
12-12    registration fee;
12-13                (5)  regulating the time, place, and manner in which a
12-14    roller skater may use a highway;
12-15                (6)  regulating the speed of a vehicle in a public
12-16    park;
12-17                (7)  regulating or prohibiting the turning of a vehicle
12-18    or specified type of vehicle at an intersection;
12-19                (8)  designating an intersection as a stop intersection
12-20    or a yield intersection and requiring each vehicle to stop or yield
12-21    at one or more entrances to the intersection;
12-22                (9)  designating a highway as a through highway;
12-23                (10)  designating a highway as a one-way highway and
12-24    requiring each vehicle on the highway to move in one specific
12-25    direction;
12-26                (11)  designating school crossing guards and school
12-27    crossing zones;
 13-1                (12)  altering a speed limit as authorized by this
 13-2    subtitle; [or]
 13-3                (13)  adopting other traffic rules specifically
 13-4    authorized by this subtitle; or
 13-5                (14)  implementing a photographic traffic monitoring
 13-6    system under Chapter 707.
 13-7          SECTION 3.  The importance of this legislation and the
 13-8    crowded condition of the calendars in both houses create an
 13-9    emergency and an imperative public necessity that the
13-10    constitutional rule requiring bills to be read on three several
13-11    days in each house be suspended, and this rule is hereby suspended,
13-12    and that this Act take effect and be in force from and after its
13-13    passage, and it is so enacted.