By Driver                                             H.B. No. 1152
         76R3535 JD-F                           
                                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.  DEFINITIONS.  In this chapter:
1-11                 (1)  "Owner of a motor vehicle" means the owner of a
1-12     motor vehicle as shown on the motor vehicle registration records of
1-13     the Texas Department of Transportation or the analogous department
1-14     or agency of another state or country.
1-15                 (2)  "Photographic traffic-control signal monitoring
1-16     system" means a system that uses one or more motor vehicle sensors
1-17     in conjunction with a traffic-control signal that is capable of
1-18     producing at least two recorded images of a motor vehicle that is
1-19     facing only a steady red signal displayed by a traffic-control
1-20     signal and that is operated in violation of Section 544.007(d).
1-21                 (3)  "Recorded image" means an image that:
1-22                       (A)  depicts the rear of a motor vehicle; and
1-23                       (B)  is automatically recorded on any medium,
1-24     including:
 2-1                             (i)  a photograph;
 2-2                             (ii)  a microphotograph;
 2-3                             (iii)  an electronic image; or
 2-4                             (iv)  a videotape.
 2-5                 (4)  "Traffic-control signal" has the meaning assigned
 2-6     by Section 541.304.
 2-7           Sec. 707.002.  AUTHORITY TO IMPLEMENT PHOTOGRAPHIC
 2-8     TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM.   The governing body of a
 2-9     municipality by ordinance may implement a photographic
2-10     traffic-control signal monitoring system and provide that the owner
2-11     of a motor vehicle is liable for a civil penalty if, while facing
2-12     only a steady red signal displayed by an electrically operated
2-13     traffic-control signal located in the municipality, the vehicle is
2-14     operated in violation of the instructions of that traffic-control
2-15     signal, as specified by Section 544.007(d).
2-16           Sec. 707.003.  INSTALLATION AND OPERATION OF PHOTOGRAPHIC
2-17     TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM.  A municipality that
2-18     implements a photographic traffic-control signal monitoring system
2-19     under this chapter may:
2-20                 (1)  install and operate the system; or
2-21                 (2)  contract for the installation or operation of the
2-22     system.
2-23           Sec. 707.004.  RECORDED IMAGE REQUIRED TO DEPICT LICENSE
2-24     PLATE.  (a)  A municipality may not install or operate a
2-25     photographic traffic-control signal monitoring system under this
2-26     chapter unless the system is capable of clearly depicting on a
2-27     recorded  image made by the system the registration number on a
 3-1     license plate attached to the rear of a motor vehicle.
 3-2           (b)  The department, agency, or office of the municipality
 3-3     designated under Section 707.006 may not issue a citation or
 3-4     summons under this chapter unless one or more of the recorded
 3-5     images of the vehicle involved in the violation clearly depicts the
 3-6     registration number on the license plate attached to the rear of
 3-7     the motor vehicle.
 3-8           Sec. 707.005.  AMOUNT OF CIVIL PENALTY.   An ordinance
 3-9     adopted under this chapter must prescribe the amount of the civil
3-10     penalty.  The amount of the civil penalty may not be greater than
3-11     $75.
3-12           Sec. 707.006.  DESIGNATION OF ENFORCING AND ADMINISTERING
3-13     DEPARTMENT, AGENCY, OR OFFICE.  (a)  An ordinance adopted under
3-14     this chapter shall specify the department, agency, or office of the
3-15     municipality responsible for the enforcement and administration of
3-16     this chapter.
3-17           (b)  The ordinance may, but is not required to, designate the
3-18     police department of the municipality as the department responsible
3-19     for the enforcement or administration of this chapter.
3-20           Sec. 707.007.  EFFECT ON OTHER ENFORCEMENT.  (a)  The
3-21     implementation of a photographic traffic-control signal  monitoring
3-22     system by a municipality under this chapter does not:
3-23                 (1)  preclude the application or enforcement in the
3-24     municipality of Section 544.007(d) in the manner prescribed by
3-25     Chapter 543; or
3-26                 (2)  prohibit a peace officer from arresting a violator
3-27     of Section 544.007(d) as provided by Chapter 543 or from issuing
 4-1     the violator a citation and notice to appear as provided by that
 4-2     chapter.
 4-3           (b)  A municipality may not impose or seek to impose a civil
 4-4     penalty under this chapter on the owner of a motor vehicle if the
 4-5     operator of the vehicle was arrested or issued a citation and
 4-6     notice to appear by a peace officer for the same violation of
 4-7     Section 544.007(d) recorded by the traffic-control signal
 4-8     monitoring system.
 4-9           Sec. 707.008.  APPLICABILITY OF OTHER LAWS.  Except as
4-10     otherwise provided by this chapter, Sections 682.003-682.011,
4-11     except for Section 682.010(4), apply to an ordinance adopted under
4-12     this chapter as if a violation described by Section 707.002 were a
4-13     violation of a municipal ordinance relating to the parking or
4-14     stopping of a vehicle under Chapter 682.
4-15           Sec. 707.009.  CITATION OR SUMMONS; CONTENTS.  (a)  The
4-16     imposition of a civil penalty under this chapter is initiated by
4-17     mailing a citation or a summons to the owner of the motor vehicle
4-18     against which the municipality seeks to impose the civil penalty.
4-19           (b)  Not later than the 30th day after the date the violation
4-20     is alleged to have occurred, the designated department, agency, or
4-21     office of the municipality shall mail the citation or summons to
4-22     the owner at:
4-23                 (1)  the owner's address as shown on the registration
4-24     records of the Texas Department of Transportation; or
4-25                 (2)  if the vehicle is registered in another state or
4-26     country, the owner's address as shown on the motor vehicle
4-27     registration records of the department or agency of the other state
 5-1     or country analogous to the Texas Department of Transportation.
 5-2           (c)  A citation or summons issued under this chapter must
 5-3     contain the following:
 5-4                 (1)  a description of the violation alleged;
 5-5                 (2)  the location of the intersection where the
 5-6     violation  occurred;
 5-7                 (3)  the date and time of the violation;
 5-8                 (4)  the name and address of the owner of the vehicle
 5-9     involved in the violation;
5-10                 (5)  the registration number displayed on the license
5-11     plate of the vehicle involved in the violation;
5-12                 (6)  a copy of a recorded image of the vehicle involved
5-13     in the violation that depicts the registration number displayed on
5-14     the license plate of that vehicle;
5-15                 (7)  the amount of the civil penalty prescribed by the
5-16     governing body of the municipality for the violation;
5-17                 (8)  the date by which the civil penalty must be paid;
5-18                 (9)  a statement that the person named in the citation
5-19     or summons may elect to pay the civil penalty in lieu of appearing
5-20     at the time and place of the administrative adjudication hearing;
5-21                 (10)  a signed statement by a  technician employed by
5-22     the municipality or by an agent of the municipality that, based on
5-23     inspection of recorded images, the vehicle was operated in
5-24     violation of Section 544.007(d);
5-25                 (11)  a statement that a recorded image is evidence in
5-26     a proceeding for the imposition of a civil penalty for a violation
5-27     of Section 544.007(d);
 6-1                 (12)  information that informs the person named in the
 6-2     citation or summons:
 6-3                       (A)  of the person's right to contest the
 6-4     imposition of the civil penalty against the person in an
 6-5     administrative adjudication;
 6-6                       (B)  of the manner and time in which imposition
 6-7     of the civil penalty or summons may be contested; and
 6-8                       (C)  that failure to pay the civil penalty or to
 6-9     contest liability in a timely manner is an admission of liability;
6-10     and
6-11                 (13)  a statement that if, at the time and place of the
6-12     violation, the vehicle was being operated under a bona fide lease
6-13     or rental agreement by a person other than the owner, and the owner
6-14     pays the civil penalty, the owner is entitled to collect from the
6-15     person leasing or renting the vehicle when the violation occurred
6-16     an amount equal to the amount of the civil penalty plus a
6-17     reasonable administrative fee not to exceed the amount of the civil
6-18     penalty.
6-19           (d)  A citation or summons is presumed to have been received
6-20     on the fifth day after the date the citation or summons is mailed.
6-21           Sec. 707.010.  ISSUANCE OF WARNING NOTICE IN LIEU OF CITATION
6-22     OR SUMMONS.  (a)  In lieu of a citation or summons, the
6-23     municipality may mail a warning notice to the owner.
6-24           (b)  In addition to any other information contained in the
6-25     warning notice, the warning notice must contain the information
6-26     required by Section 707.009(c)(1)-(5).
6-27           Sec. 707.011.  BURDEN OF PROOF AT ADMINISTRATIVE ADJUDICATION
 7-1     HEARING.  The hearing officer at an administrative adjudication
 7-2     hearing under this chapter may not impose a civil penalty unless:
 7-3                 (1)  the issues are proved at the hearing by a
 7-4     preponderance of the evidence; or
 7-5                 (2)  the owner or person alleged to have committed the
 7-6     violation admits liability for the civil penalty.
 7-7           Sec. 707.012.  SYSTEM RELIABILITY AND IMAGE VALIDITY.  (a)
 7-8     The reliability of the photographic traffic-control signal
 7-9     monitoring system used to produce the recorded image may be
7-10     attested to in a proceeding under this chapter by affidavit of an
7-11     officer or employee of the municipality or the entity with which
7-12     the municipality contracts to install or operate the system who is
7-13     responsible for inspecting and maintaining the system.
7-14           (b)  An affidavit of an officer or employee of the
7-15     municipality that alleges a violation of Section 544.007(d), based
7-16     on an inspection of the pertinent recorded image, is admissible in
7-17     a proceeding under this chapter and is evidence of the facts
7-18     contained in the affidavit.
7-19           Sec. 707.013.  DEFENSES TO VIOLATION OR IMPOSITION OF CIVIL
7-20     PENALTY.  (a)  The hearing officer at an administrative
7-21     adjudication hearing shall consider in defense of the alleged
7-22     violation or in mitigation of the imposition of the civil penalty
7-23     that at the time and place of the violation:
7-24                 (1)  the traffic-control signal was not in proper
7-25     position and sufficiently legible to an ordinarily observant
7-26     person;
7-27                 (2)  the operator of the motor vehicle was acting in
 8-1     compliance with the lawful order or direction of a police officer;
 8-2                 (3)  the operator of the motor vehicle violated the
 8-3     instructions of the traffic-control signal so as to yield the
 8-4     right-of-way to an immediately approaching authorized emergency
 8-5     vehicle;
 8-6                 (4)  the motor vehicle was being operated as an
 8-7     authorized emergency vehicle under Chapter 546 and that the
 8-8     operator was acting in compliance with that chapter;
 8-9                 (5)  the motor vehicle was a stolen vehicle and being
8-10     operated by a person other than the owner of the vehicle without
8-11     the effective consent of the owner; or
8-12                 (6)  the license plate depicted in the recorded image
8-13     of the violation was a stolen plate and being displayed on a motor
8-14     vehicle other than the motor vehicle for which the plate had been
8-15     issued.
8-16           (b)  The hearing officer may admit and consider evidence on
8-17     any other matter or issue that the officer considers pertinent.
8-18           (c)  To demonstrate that at the time of the violation the
8-19     motor vehicle was a stolen vehicle or the license plate displayed
8-20     on the motor vehicle was a stolen plate, the owner must submit
8-21     proof acceptable to the hearing officer that the theft of the
8-22     vehicle or license plate had been timely reported to the
8-23     appropriate law enforcement agency.
8-24           Sec. 707.014.  SUBSEQUENT ACTIONS IN CONNECTION WITH STOLEN
8-25     VEHICLE OR LICENSE PLATE.  (a)  If the hearing officer at an
8-26     administrative adjudication hearing finds that at the time and
8-27     place of the violation the motor vehicle was a stolen vehicle or
 9-1     that the license plate displayed on the vehicle was a stolen
 9-2     license plate, the officer shall provide to the designated
 9-3     department, agency, or office a copy of any evidence received at
 9-4     the hearing that identifies the operator of the vehicle at that
 9-5     time and place.
 9-6           (b)  On receipt of the evidence from the hearing officer, the
 9-7     designated department, agency, or office may issue and mail a
 9-8     citation or summons to the person shown by the evidence to have
 9-9     been the operator of the vehicle at the time and place of the
9-10     violation.
9-11           (c)  In addition to alleging that the person was operating
9-12     the vehicle at the time and place of the violation, a citation or
9-13     summons under this section must:
9-14                 (1)  comply with Section 707.009(c); and
9-15                 (2)  be mailed not later than the 30th day after the
9-16     date the evidence is received from the hearing officer.
9-17           (d)  The person named in the citation or summons may contest
9-18     the violation or the imposition of the civil penalty in the same
9-19     manner that the owner of a vehicle may contest a violation or the
9-20     imposition of a civil penalty under this chapter.
9-21           Sec. 707.015.  IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.
9-22     The imposition of a civil penalty under this chapter is not a
9-23     conviction and may not be considered a conviction for any purpose.
9-24           Sec. 707.016.  INDEMNIFICATION TO OWNER OF LEASED OR RENTED
9-25     VEHICLE.  (a)  This section applies only to an owner of a vehicle
9-26     being operated by a person other than the owner pursuant to a bona
9-27     fide lease or rental agreement when a violation of Section
 10-1    544.007(d)  occurs.
 10-2          (b)  If a civil penalty is imposed on and collected from the
 10-3    owner for the violation of Section 544.007(d), the person leasing
 10-4    or renting the vehicle at the time of the violation is liable to
 10-5    the owner for an amount equal to the amount of the civil penalty
 10-6    plus a reasonable administrative fee in an amount determined by the
 10-7    owner not to exceed the amount of the civil penalty.
 10-8          SECTION 2.  The importance of this legislation and the
 10-9    crowded condition of the calendars in both houses create an
10-10    emergency and an imperative public necessity that the
10-11    constitutional rule requiring bills to be read on three several
10-12    days in each house be suspended, and this rule is hereby suspended,
10-13    and that this Act take effect and be in force from and after its
10-14    passage, and it is so enacted.