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.