By Driver, Madden, Berman, Hinojosa, Goolsby, et al. H.B. No. 1115
77R2731 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 signal enforcement system; providing for the
1-4 imposition of civil penalties and providing a criminal 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 SIGNAL
1-9 ENFORCEMENT 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 signal enforcement system"
1-16 means a system that:
1-17 (A) consists of a camera system and vehicle
1-18 sensor installed to exclusively work in conjunction with an
1-19 electrically operated traffic-control signal; and
1-20 (B) is capable of producing at least two
1-21 recorded images that depict the license plate attached to the rear
1-22 of a motor vehicle that is not operated in compliance with the
1-23 instructions of the traffic-control signal.
1-24 (3) "Recorded image" means a photographic or digital
2-1 image that depicts the rear of a motor vehicle.
2-2 (4) "Traffic-control signal" has the meaning assigned
2-3 by Section 541.304.
2-4 Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. The
2-5 governing body of a municipality by ordinance may implement a
2-6 photographic traffic signal enforcement system and provide that the
2-7 owner of a motor vehicle is liable to the municipality for a civil
2-8 penalty if, while facing only a steady red signal displayed by an
2-9 electrically operated traffic-control signal located in the
2-10 municipality, the vehicle is operated in violation of the
2-11 instructions of that traffic-control signal, as specified by
2-12 Section 544.007(d).
2-13 Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC
2-14 TRAFFIC SIGNAL ENFORCEMENT SYSTEM. A municipality that implements
2-15 a photographic traffic signal enforcement system under this chapter
2-16 may:
2-17 (1) contract for the administration and enforcement of
2-18 the ordinance; and
2-19 (2) install and operate the system or contract for the
2-20 installation or operation of the system.
2-21 Sec. 707.004. REQUIRED ORDINANCE PROVISIONS. An ordinance
2-22 adopted under Section 707.002 must provide that a person against
2-23 whom the municipality seeks to impose a civil penalty is entitled
2-24 to a hearing and shall:
2-25 (1) provide for the period in which the hearing must
2-26 be held;
2-27 (2) provide for the appointment of a hearing officer
3-1 with authority to administer oaths and issue orders compelling the
3-2 attendance of witnesses and the production of documents; and
3-3 (3) designate the department, agency, or office of the
3-4 municipality responsible for the enforcement and administration of
3-5 the ordinance or provide that the entity with which the
3-6 municipality enters into a contract under Section 707.003(1) is
3-7 responsible for the enforcement and administration of the
3-8 ordinance.
3-9 Sec. 707.005. EFFECT ON OTHER ENFORCEMENT. (a) The
3-10 implementation of a photographic traffic signal enforcement system
3-11 by a municipality under this chapter does not:
3-12 (1) preclude the application or enforcement in the
3-13 municipality of Section 544.007(d) in the manner prescribed by
3-14 Chapter 543; or
3-15 (2) prohibit a peace officer from arresting a violator
3-16 of Section 544.007(d) as provided by Chapter 543 or from issuing
3-17 the violator a citation and notice to appear as provided by that
3-18 chapter.
3-19 (b) A municipality may not impose a civil penalty under this
3-20 chapter on the owner of a motor vehicle if the operator of the
3-21 vehicle was arrested or issued a citation and notice to appear by a
3-22 peace officer for the same violation of Section 544.007(d) recorded
3-23 by the traffic signal enforcement system.
3-24 Sec. 707.006. NOTICE OF VIOLATION; CONTENTS. (a) The
3-25 imposition of a civil penalty under this chapter is initiated by
3-26 the mailing of a notice of violation to the owner of the motor
3-27 vehicle against whom the municipality seeks to impose the civil
4-1 penalty.
4-2 (b) Not later than the 30th day after the date the violation
4-3 is alleged to have occurred, the designated department, agency, or
4-4 office of the municipality or the entity with which the
4-5 municipality has entered into a contract under Section 707.003(1)
4-6 shall mail the notice of violation to the owner at:
4-7 (1) the owner's address as shown on the registration
4-8 records of the Texas Department of Transportation; or
4-9 (2) if the vehicle is registered in another state or
4-10 country, the owner's address as shown on the motor vehicle
4-11 registration records of the department or agency of the other state
4-12 or country analogous to the Texas Department of Transportation.
4-13 (c) The notice of violation must contain the following:
4-14 (1) a description of the violation alleged;
4-15 (2) the location of the intersection where the
4-16 violation occurred;
4-17 (3) the date and time of the violation;
4-18 (4) the name and address of the owner of the vehicle
4-19 involved in the violation;
4-20 (5) the registration number displayed on the license
4-21 plate of the vehicle involved in the violation;
4-22 (6) a copy of a recorded image of the registration
4-23 number displayed on the license plate of the vehicle involved in
4-24 the violation;
4-25 (7) the amount of the civil penalty for which the
4-26 owner is liable;
4-27 (8) the number of days the person has in which to pay
5-1 the civil penalty and a statement that the person incurs a late
5-2 payment penalty if the civil penalty is not paid within that
5-3 period;
5-4 (9) a statement that the owner of the vehicle in the
5-5 citation or summons may elect to pay the civil penalty instead of
5-6 appearing at the time and place of the administrative adjudication
5-7 hearing; and
5-8 (10) information that informs the owner of the vehicle
5-9 named in the notice of violation:
5-10 (A) of the owner's right to contest the
5-11 imposition of the civil penalty against the person in an
5-12 administrative adjudication hearing;
5-13 (B) that imposition of the civil penalty may be
5-14 contested by submitting a written request for an administrative
5-15 adjudication hearing before the expiration of the period specified
5-16 by Subdivision (8); and
5-17 (C) that failure to pay the civil penalty or to
5-18 contest liability for the penalty in a timely manner is an
5-19 admission of liability.
5-20 (d) A notice of violation is presumed to have been received
5-21 on the fifth day after the date the notice is mailed.
5-22 Sec. 707.007. ADMISSION OF LIABILITY. A person who fails to
5-23 pay the civil penalty or to contest liability for the penalty in a
5-24 timely manner or who requests an administrative adjudication
5-25 hearing to contest the imposition of the civil penalty against the
5-26 person and fails to appear at that hearing is considered to admit
5-27 liability for the full amount of the civil penalty stated in the
6-1 notice of violation mailed to the person.
6-2 Sec. 707.008. PRESUMPTION. It is presumed that the owner of
6-3 the motor vehicle committed the violation alleged in the notice of
6-4 violation mailed to the person if the motor vehicle depicted in a
6-5 photograph or digital image taken by a photographic traffic signal
6-6 enforcement system belongs to the owner of the motor vehicle.
6-7 Sec. 707.009. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
6-8 person who receives a notice of violation under this chapter may
6-9 contest the imposition of the civil penalty specified in the notice
6-10 of violation by filing a written request for an administrative
6-11 adjudication hearing. The request for a hearing must be filed on
6-12 or before the date specified in the notice of violation, which may
6-13 not be less than the 15th day after the date the notice of
6-14 violation was mailed.
6-15 (b) On receipt of a timely request for an administrative
6-16 adjudication hearing, the municipality shall notify the person of
6-17 the date and time of the hearing.
6-18 (c) A hearing officer designated by the governing body of
6-19 the municipality shall conduct the administrative adjudication
6-20 hearing.
6-21 (d) In an administrative adjudication hearing, the issues
6-22 must be proven by a preponderence of the evidence.
6-23 (e) The reliability of the photographic traffic signal
6-24 enforcement system used to produce the recorded image of the motor
6-25 vehicle involved in the violation may be attested to by affidavit
6-26 of an officer or employee of the municipality or of the entity with
6-27 which the municipality has contracted under Section 707.003(1) who
7-1 is responsible for inspecting and maintaining the system.
7-2 (f) An affidavit of an officer or employee of the
7-3 municipality that alleges a violation based on an inspection of the
7-4 applicable recorded image is:
7-5 (1) admissible in the administrative adjudication
7-6 hearing; and
7-7 (2) evidence of the facts contained in the affidavit.
7-8 (g) At the conclusion of the administrative adjudication
7-9 hearing, the hearing officer shall enter a finding of liability for
7-10 the civil penalty or a finding of no liability for the civil
7-11 penalty. A finding under this subsection must be in writing and be
7-12 signed and dated by the hearing officer.
7-13 (h) A finding of liability for a civil penalty must specify
7-14 the amount of the civil penalty for which the person is liable. If
7-15 the hearing officer enters a finding of no liability, a civil
7-16 penalty for the violation may not be imposed against the person.
7-17 (i) A finding of liability or a finding of no liability
7-18 entered under this section may:
7-19 (1) be filed with the clerk or secretary of the
7-20 municipality or with a person designated by the governing body of
7-21 the municipality; and
7-22 (2) be recorded on microfilm or microfiche or using
7-23 data processing techniques.
7-24 Sec. 707.010. UNTIMELY REQUEST FOR ADMINISTRATIVE
7-25 ADJUDICATION HEARING. Notwithstanding any other provision of this
7-26 chapter, a person who receives a notice of violation under this
7-27 chapter and who fails to timely pay the amount of the civil penalty
8-1 or fails to timely request an administrative adjudication hearing
8-2 is entitled to an administrative adjudication hearing if:
8-3 (1) the person submits a written request for the
8-4 hearing to the designated hearing officer, accompanied by an
8-5 affidavit that attests to the date on which the person received the
8-6 notice of violation; and
8-7 (2) the written request and affidavit are submitted to
8-8 the hearing officer within the same number of days after the date
8-9 the person received the notice of violation as specified by Section
8-10 707.006(c)(10)(B).
8-11 Sec. 707.011. AMOUNT OF CIVIL PENALTY; LATE PAYMENT PENALTY.
8-12 (a) Except as provided by Subsections (b) and (c), the amount of a
8-13 civil penalty that may be imposed on the owner of a motor vehicle
8-14 under this chapter may not exceed $75.
8-15 (b) For a third or subsequent violation committed by the
8-16 same owner of a motor vehicle during any 12-month period, the
8-17 amount of the civil penalty may not exceed $200.
8-18 (c) The governing body of the municipality may prescribe a
8-19 late payment penalty not to exceed $50 for a civil penalty that is
8-20 not timely paid.
8-21 Sec. 707.012. ENFORCEMENT. If the owner of a motor vehicle
8-22 is delinquent in the payment of three or more civil penalties
8-23 imposed under this chapter, the motor vehicle alleged to have been
8-24 involved in any of the violations may be impounded or immobilized
8-25 by placement of an appropriate device on the vehicle.
8-26 Sec. 707.013. APPEAL. (a) The owner of a motor vehicle
8-27 determined by a hearing officer to be liable for a civil penalty
9-1 may appeal that determination to a judge of the municipal court of
9-2 the municipality by filing an appeal petition with the clerk of the
9-3 municipal court.
9-4 (b) The petition must be:
9-5 (1) filed before the 31st day after the date on which
9-6 the administrative adjudication hearing officer entered the finding
9-7 of liability for the civil penalty; and
9-8 (2) accompanied by payment of the costs required by
9-9 law for municipal court.
9-10 (c) The municipal court clerk shall schedule a hearing and
9-11 notify the owner of the motor vehicle and the appropriate
9-12 department, agency, or office of the municipality of the date,
9-13 time, and place of the hearing.
9-14 (d) Unless the owner of the vehicle, before filing the
9-15 appeal petition, posts a bond in the amount of the civil penalty
9-16 with the department, agency, or office of the municipality or with
9-17 the contracted entity designated to enforce and administer the
9-18 ordinance, an appeal does not stay enforcement or collection of the
9-19 civil penalty imposed against that owner.
9-20 Sec. 707.014. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.
9-21 The imposition of a civil penalty under this chapter is not a
9-22 conviction and may not be considered a conviction for any purpose.
9-23 Sec. 707.015. REQUIRED SIGNAGE. (a) A municipality that
9-24 implements a photographic traffic signal enforcement system shall
9-25 place or erect signs to inform motorists entering the municipality
9-26 that a photographic traffic signal enforcement system is in use in
9-27 the municipality.
10-1 (b) The municipality shall place or erect a sign required by
10-2 Subsection (a) at each location where a city limits sign has been
10-3 placed or erected adjacent to a roadway that enters the
10-4 municipality.
10-5 (c) A sign required by this section must:
10-6 (1) conform to the manual and specifications adopted
10-7 by the Texas Transportation Commission under Section 544.001; and
10-8 (2) read as follows: "THIS (CITY, TOWN, OR VILLAGE)
10-9 USES A PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM TO ENFORCE
10-10 COMPLIANCE WITH TRAFFIC SIGNALS."
10-11 Sec. 707.016. IMPROPER USE OF SYSTEM; OFFENSE. (a) A
10-12 person commits an offense if the person uses a photographic traffic
10-13 signal enforcement system to produce a recorded image other than in
10-14 the manner and for the purposes specified by this chapter.
10-15 (b) An offense under this section is a Class A misdemeanor.
10-16 Sec. 707.017. USE OF REVENUE. In a municipal fiscal year,
10-17 after deducting any amount necessary to pay for the operation or
10-18 maintenance of the photographic traffic signal enforcement system,
10-19 the municipality shall use revenue derived from civil penalties
10-20 imposed under this chapter only for traffic safety and traffic
10-21 signal awareness and education programs.
10-22 SECTION 2. This Act takes effect immediately if it receives
10-23 a vote of two-thirds of all the members elected to each house, as
10-24 provided by Section 39, Article III, Texas Constitution. If this
10-25 Act does not receive the vote necessary for immediate effect, this
10-26 Act takes effect September 1, 2001.