By Berman H.B. No. 486
77R47 JD-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the authority of the City of Tyler 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 OF CHAPTER. The only
1-11 municipality this chapter applies to is the City of Tyler.
1-12 Sec. 707.002. DEFINITIONS. In this chapter:
1-13 (1) "Owner of a motor vehicle" means the owner of a
1-14 motor vehicle as shown on the motor vehicle registration records of
1-15 the Texas Department of Transportation or the analogous department
1-16 or agency of another state or country.
1-17 (2) "Photographic traffic-control signal monitoring
1-18 system" means a system that uses one or more motor vehicle sensors
1-19 in conjunction with a traffic-control signal that is capable of
1-20 producing at least two recorded images of a motor vehicle that is
1-21 facing only a steady red signal displayed by a traffic-control
1-22 signal and that is operated in violation of Section 544.007(d).
1-23 (3) "Recorded image" means an image that:
1-24 (A) depicts the rear of a motor vehicle; and
2-1 (B) is automatically recorded on any medium,
2-2 including:
2-3 (i) a photograph;
2-4 (ii) a microphotograph;
2-5 (iii) an electronic image; or
2-6 (iv) a videotape.
2-7 (4) "Traffic-control signal" has the meaning assigned
2-8 by Section 541.304.
2-9 Sec. 707.003. AUTHORITY TO IMPLEMENT PHOTOGRAPHIC
2-10 TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM. The governing body of the
2-11 municipality by ordinance may implement a photographic
2-12 traffic-control signal monitoring system and provide that the owner
2-13 of a motor vehicle is liable for a civil penalty if, while facing
2-14 only a steady red signal displayed by an electrically operated
2-15 traffic-control signal located in the municipality, the vehicle is
2-16 operated in violation of the instructions of that traffic-control
2-17 signal, as specified by Section 544.007(d).
2-18 Sec. 707.004. INSTALLATION AND OPERATION OF PHOTOGRAPHIC
2-19 TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM. If the municipality
2-20 implements a photographic traffic-control signal monitoring system
2-21 under this chapter, the municipality may:
2-22 (1) install and operate the system; or
2-23 (2) contract for the installation or operation of the
2-24 system.
2-25 Sec. 707.005. RECORDED IMAGE REQUIRED TO DEPICT LICENSE
2-26 PLATE. (a) The municipality may not install or operate a
2-27 photographic traffic-control signal monitoring system under this
3-1 chapter unless the system is capable of clearly depicting on a
3-2 recorded image made by the system the registration number on a
3-3 license plate attached to the rear of a motor vehicle.
3-4 (b) The department, agency, or office of the municipality
3-5 designated under Section 707.007 may not issue a citation or
3-6 summons under this chapter unless one or more of the recorded
3-7 images of the vehicle involved in the violation clearly depicts the
3-8 registration number on the license plate attached to the rear of
3-9 the motor vehicle.
3-10 Sec. 707.006. AMOUNT OF CIVIL PENALTY. An ordinance adopted
3-11 under this chapter must prescribe the amount of the civil penalty.
3-12 The amount of the civil penalty may not be greater than $75.
3-13 Sec. 707.007. DESIGNATION OF ENFORCING AND ADMINISTERING
3-14 DEPARTMENT, AGENCY, OR OFFICE. (a) An ordinance adopted under this
3-15 chapter shall specify the department, agency, or office of the
3-16 municipality responsible for the enforcement and administration of
3-17 this chapter.
3-18 (b) The ordinance may, but is not required to, designate the
3-19 police department of the municipality as the department responsible
3-20 for the enforcement or administration of this chapter.
3-21 Sec. 707.008. EFFECT ON OTHER ENFORCEMENT. (a) The
3-22 implementation of a photographic traffic-control signal monitoring
3-23 system by a municipality under this chapter does not:
3-24 (1) preclude the application or enforcement in the
3-25 municipality of Section 544.007(d) in the manner prescribed by
3-26 Chapter 543; or
3-27 (2) prohibit a peace officer from arresting a violator
4-1 of Section 544.007(d) as provided by Chapter 543 or from issuing
4-2 the violator a citation and notice to appear as provided by that
4-3 chapter.
4-4 (b) The municipality may not impose or seek to impose a
4-5 civil penalty under this chapter on the owner of a motor vehicle if
4-6 the operator of the vehicle was arrested or issued a citation and
4-7 notice to appear by a peace officer for the same violation of
4-8 Section 544.007(d) recorded by the traffic-control signal
4-9 monitoring system.
4-10 Sec. 707.009. APPLICABILITY OF OTHER LAWS. Except as
4-11 otherwise provided by this chapter, Sections 682.003-682.011,
4-12 except for Section 682.010(4), apply to an ordinance adopted under
4-13 this chapter as if a violation described by Section 707.003 were a
4-14 violation of a municipal ordinance relating to the parking or
4-15 stopping of a vehicle under Chapter 682.
4-16 Sec. 707.010. CITATION OR SUMMONS; CONTENTS. (a) The
4-17 imposition of a civil penalty under this chapter is initiated by
4-18 mailing a citation or a summons to the owner of the motor vehicle
4-19 against which the municipality seeks to impose the civil penalty.
4-20 (b) Not later than the 30th day after the date the violation
4-21 is alleged to have occurred, the designated department, agency, or
4-22 office of the municipality shall mail the citation or summons to
4-23 the owner at:
4-24 (1) the owner's address as shown on the registration
4-25 records of the Texas Department of Transportation; or
4-26 (2) if the vehicle is registered in another state or
4-27 country, the owner's address as shown on the motor vehicle
5-1 registration records of the department or agency of the other state
5-2 or country analogous to the Texas Department of Transportation.
5-3 (c) A citation or summons issued under this chapter must
5-4 contain the following:
5-5 (1) a description of the violation alleged;
5-6 (2) the location of the intersection where the
5-7 violation occurred;
5-8 (3) the date and time of the violation;
5-9 (4) the name and address of the owner of the vehicle
5-10 involved in the violation;
5-11 (5) the registration number displayed on the license
5-12 plate of the vehicle involved in the violation;
5-13 (6) a copy of a recorded image of the vehicle involved
5-14 in the violation that depicts the registration number displayed on
5-15 the license plate of that vehicle;
5-16 (7) the amount of the civil penalty prescribed by the
5-17 governing body of the municipality for the violation;
5-18 (8) the date by which the civil penalty must be paid;
5-19 (9) a statement that the person named in the citation
5-20 or summons may elect to pay the civil penalty in lieu of appearing
5-21 at the time and place of the administrative adjudication hearing;
5-22 (10) a signed statement by a technician employed by
5-23 the municipality or by an agent of the municipality that, based on
5-24 inspection of recorded images, the vehicle was operated in
5-25 violation of Section 544.007(d);
5-26 (11) a statement that a recorded image is evidence in
5-27 a proceeding for the imposition of a civil penalty for a violation
6-1 of Section 544.007(d);
6-2 (12) information that informs the person named in the
6-3 citation or summons:
6-4 (A) of the person's right to contest the
6-5 imposition of the civil penalty against the person in an
6-6 administrative adjudication;
6-7 (B) of the manner and time in which imposition
6-8 of the civil penalty or summons may be contested; and
6-9 (C) that failure to pay the civil penalty or to
6-10 contest liability in a timely manner is an admission of liability;
6-11 and
6-12 (13) a statement that if, at the time and place of the
6-13 violation, the vehicle was being operated under a bona fide lease
6-14 or rental agreement by a person other than the owner, and the owner
6-15 pays the civil penalty, the owner is entitled to collect from the
6-16 person leasing or renting the vehicle when the violation occurred
6-17 an amount equal to the amount of the civil penalty plus a
6-18 reasonable administrative fee not to exceed the amount of the civil
6-19 penalty.
6-20 (d) A citation or summons is presumed to have been received
6-21 on the fifth day after the date the citation or summons is mailed.
6-22 Sec. 707.011. ISSUANCE OF WARNING NOTICE IN LIEU OF CITATION
6-23 OR SUMMONS. (a) In lieu of a citation or summons, the municipality
6-24 may mail a warning notice to the owner.
6-25 (b) In addition to any other information contained in the
6-26 warning notice, the warning notice must contain the information
6-27 required by Sections 707.010(c)(1)-(5).
7-1 Sec. 707.012. BURDEN OF PROOF AT ADMINISTRATIVE ADJUDICATION
7-2 HEARING. The hearing officer at an administrative adjudication
7-3 hearing under this chapter may not impose a civil penalty unless:
7-4 (1) the issues are proved at the hearing by a
7-5 preponderance of the evidence; or
7-6 (2) the owner or person alleged to have committed the
7-7 violation admits liability for the civil penalty.
7-8 Sec. 707.013. SYSTEM RELIABILITY AND IMAGE VALIDITY. (a)
7-9 The reliability of the photographic traffic-control signal
7-10 monitoring system used to produce the recorded image may be
7-11 attested to in a proceeding under this chapter by affidavit of an
7-12 officer or employee of the municipality or the entity with which
7-13 the municipality contracts to install or operate the system who is
7-14 responsible for inspecting and maintaining the system.
7-15 (b) An affidavit of an officer or employee of the
7-16 municipality that alleges a violation of Section 544.007(d), based
7-17 on an inspection of the pertinent recorded image, is admissible in
7-18 a proceeding under this chapter and is evidence of the facts
7-19 contained in the affidavit.
7-20 Sec. 707.014. DEFENSES TO VIOLATION OR IMPOSITION OF CIVIL
7-21 PENALTY. (a) The hearing officer at an administrative adjudication
7-22 hearing shall consider in defense of the alleged violation or in
7-23 mitigation of the imposition of the civil penalty that at the time
7-24 and place of the violation:
7-25 (1) the traffic-control signal was not in proper
7-26 position and sufficiently legible to an ordinarily observant
7-27 person;
8-1 (2) the operator of the motor vehicle was acting in
8-2 compliance with the lawful order or direction of a police officer;
8-3 (3) the operator of the motor vehicle violated the
8-4 instructions of the traffic-control signal so as to yield the
8-5 right-of-way to an immediately approaching authorized emergency
8-6 vehicle;
8-7 (4) the motor vehicle was being operated as an
8-8 authorized emergency vehicle under Chapter 546 and that the
8-9 operator was acting in compliance with that chapter;
8-10 (5) the motor vehicle was a stolen vehicle and being
8-11 operated by a person other than the owner of the vehicle without
8-12 the effective consent of the owner; or
8-13 (6) the license plate depicted in the recorded image
8-14 of the violation was a stolen plate and being displayed on a motor
8-15 vehicle other than the motor vehicle for which the plate had been
8-16 issued.
8-17 (b) The hearing officer may admit and consider evidence on
8-18 any other matter or issue that the officer considers pertinent.
8-19 (c) To demonstrate that at the time of the violation the
8-20 motor vehicle was a stolen vehicle or the license plate displayed
8-21 on the motor vehicle was a stolen plate, the owner must submit
8-22 proof acceptable to the hearing officer that the theft of the
8-23 vehicle or license plate had been timely reported to the
8-24 appropriate law enforcement agency.
8-25 Sec. 707.015. SUBSEQUENT ACTIONS IN CONNECTION WITH STOLEN
8-26 VEHICLE OR LICENSE PLATE. (a) If the hearing officer at an
8-27 administrative adjudication hearing finds that at the time and
9-1 place of the violation the motor vehicle was a stolen vehicle or
9-2 that the license plate displayed on the vehicle was a stolen
9-3 license plate, the officer shall provide to the designated
9-4 department, agency, or office of the municipality a copy of any
9-5 evidence received at the hearing that identifies the operator of
9-6 the vehicle at that time and place.
9-7 (b) On receipt of the evidence from the hearing officer, the
9-8 designated department, agency, or office of the municipality may
9-9 issue and mail a citation or summons to the person shown by the
9-10 evidence to have been the operator of the vehicle at the time and
9-11 place of the violation.
9-12 (c) In addition to alleging that the person was operating
9-13 the vehicle at the time and place of the violation, a citation or
9-14 summons under this section must:
9-15 (1) comply with Section 707.010(c); and
9-16 (2) be mailed not later than the 30th day after the
9-17 date the evidence is received from the hearing officer.
9-18 (d) The person named in the citation or summons may contest
9-19 the violation or the imposition of the civil penalty in the same
9-20 manner that the owner of a vehicle may contest a violation or the
9-21 imposition of a civil penalty under this chapter.
9-22 Sec. 707.016. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.
9-23 The imposition of a civil penalty under this chapter is not a
9-24 conviction and may not be considered a conviction for any purpose.
9-25 Sec. 707.017. INDEMNIFICATION TO OWNER OF LEASED OR RENTED
9-26 VEHICLE. (a) This section applies only to an owner of a vehicle
9-27 being operated by a person other than the owner pursuant to a bona
10-1 fide lease or rental agreement when a violation of Section
10-2 544.007(d) occurs.
10-3 (b) If a civil penalty is imposed on and collected from the
10-4 owner for the violation of Section 544.007(d), the person leasing
10-5 or renting the vehicle at the time of the violation is liable to
10-6 the owner for an amount equal to the amount of the civil penalty
10-7 plus a reasonable administrative fee in an amount determined by the
10-8 owner not to exceed the amount of the civil penalty.
10-9 SECTION 2. This Act takes effect immediately.