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.