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.