HBA-TBM H.B. 1115 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1115 By: Driver Public Safety 2/21/2001 Introduced BACKGROUND AND PURPOSE According to the Insurance Institute for Highway Safety more than 800 people die and approximately 200,000 are injured every year in crashes that involve a driver running a red light. Between 1992 and 1998, approximately 6,000 deaths nationally resulted from such collisions. Texas ranked fourth highest in the death rate for collisions caused by running red lights per 100,000 people from 1992 to 1998, with 663 fatalities. Among cities with a population greater than 200,000 throughout the nation, Dallas ranked seventh in the death rate for that same time period. Nationwide, between 1992 and 1996, fatal motor vehicle crashes at traffic signals increased by 19 percent. To combat this problem, some municipalities throughout the country are using automated traffic control systems that photograph motorists who run red lights. These systems have shown to be effective in reducing red light running by as much as 40 percent in some cases. Currently, Texas law has no provisions regarding the installation of photographic traffic control systems (systems). House Bill 1115 authorizes a municipality to implement a system and to issue civil citations for violations recorded by the system. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. ANALYSIS House Bill 1115 amends the Transportation Code to authorize a municipality to implement a system designed to photograph the license plate of a vehicle that violates the instructions of a traffic signal. The bill authorizes the governing body of a municipality that implements a photographic traffic enforcement system (system) to impose a civil penalty upon the owner of the vehicle, regardless of who operated the vehicle (Sec. 707.002). The owner of a vehicle photographed will be notified by mail of the violation and the civil penalty for which the owner is liable (Sec. 707.006). The owner may contest the civil penalty by filing a written request for an administrative hearing (Sec. 707.009). The bill provides that an owner admits liability for the penalty if the owner fails to pay the penalty or contest liability in a timely manner or fails to appear for an administrative adjudication hearing (Sec. 707.007). The bill provides for an appellate process (Sec. 707.009). The bill requires the municipality to erect signs informing the public of the system (Sec. 707.015). The bill provides that the improper use of the system is a Class A misdemeanor (Sec. 707.016). EFFECTIVE DATE On passage, or if the Act does not receive the necessary vote, the Act takes effect September 1, 2001.