By: Armbrister S.B. No. 1842 Line and page numbers may not match official copy. Bill not drafted by TLC or Senate E&E. 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. 2-1 (3) "Recorded image" means a photographic or digital 2-2 image that depicts the rear of a motor vehicle. 2-3 (4) "Traffic-control signal" has the meaning assigned 2-4 by Section 541.304. 2-5 Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. The 2-6 governing body of a municipality by ordinance may implement a 2-7 photographic traffic signal enforcement system and provide that the 2-8 owner of a motor vehicle is liable to the municipality for a civil 2-9 penalty if, while facing only a steady red signal displayed by an 2-10 electrically operated traffic-control signal located in the 2-11 municipality, the vehicle is operated in violation of the 2-12 instructions of that traffic-control signal, as specified by 2-13 Section 544.007(d). 2-14 Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC 2-15 TRAFFIC SIGNAL ENFORCEMENT SYSTEM. A municipality that implements 2-16 a photographic traffic signal enforcement system under this chapter 2-17 may: 2-18 (1) contract for the administration and enforcement of 2-19 the ordinance; and 2-20 (2) install and operate the system or contract for the 2-21 installation or operation of the system. 2-22 Sec. 707.004. REQUIRED ORDINANCE PROVISIONS. An ordinance 2-23 adopted under Section 707.002 must provide that a person against 2-24 whom the municipality seeks to impose a civil penalty is entitled 2-25 to a hearing and shall: 2-26 (1) provide for the period in which the hearing must 3-1 be held; 3-2 (2) provide for the appointment of a hearing officer 3-3 with authority to administer oaths and issue orders compelling the 3-4 attendance of witnesses and the production of documents; and 3-5 (3) designate the department, agency, or office of the 3-6 municipality responsible for the enforcement and administration of 3-7 the ordinance or provide that the entity with which the 3-8 municipality enters into a contract under Section 707.003(1) is 3-9 responsible for the enforcement and administration of the 3-10 ordinance. 3-11 Sec. 707.005. EFFECT ON OTHER ENFORCEMENT. (a) The 3-12 implementation of a photographic traffic signal enforcement system 3-13 by a municipality under this chapter does not: 3-14 (1) preclude the application or enforcement in the 3-15 municipality of Section 544.007(d) in the manner prescribed by 3-16 Chapter 543; or 3-17 (2) prohibit a peace officer from arresting a violator 3-18 of Section 544.007(d) as provided by Chapter 543 or from issuing 3-19 the violator a citation and notice to appear as provided by that 3-20 chapter. 3-21 (b) A municipality may not impose a civil penalty under this 3-22 chapter on the owner of a motor vehicle if the operator of the 3-23 vehicle was arrested or issued a citation and notice to appear by a 3-24 peace officer for the same violation of Section 544.007(d) recorded 3-25 by the traffic signal enforcement system. 3-26 Sec. 707.006. NOTICE OF VIOLATION; CONTENTS. (a) The 4-1 imposition of a civil penalty under this chapter is initiated by 4-2 the mailing of a notice of violation to the owner of the motor 4-3 vehicle against whom the municipality seeks to impose the civil 4-4 penalty. 4-5 (b) Not later than the 30th day after the date the violation 4-6 is alleged to have occurred, the designated department, agency, or 4-7 office of the municipality or the entity with which the 4-8 municipality has entered into a contract under Section 707.003(1) 4-9 shall mail the notice of violation to the owner at: 4-10 (1) the owner's address as shown on the registration 4-11 records of the Texas Department of Transportation; or 4-12 (2) if the vehicle is registered in another state or 4-13 country, the owner's address as shown on the motor vehicle 4-14 registration records of the department or agency of the other state 4-15 or country analogous to the Texas Department of Transportation. 4-16 (c) The notice of violation must contain the following: 4-17 (1) a description of the violation alleged; 4-18 (2) the location of the intersection where the 4-19 violation occurred; 4-20 (3) the date and time of the violation; 4-21 (4) the name and address of the owner of the vehicle 4-22 involved in the violation; 4-23 (5) the registration number displayed on the license 4-24 plate of the vehicle involved in the violation; 4-25 (6) a copy of a recorded image of the registration 4-26 number displayed on the license plate of the vehicle involved in 5-1 the violation; 5-2 (7) the amount of the civil penalty for which the 5-3 owner is liable; 5-4 (8) the number of days the person has in which to pay 5-5 the civil penalty and a statement that the person incurs a late 5-6 payment penalty if the civil penalty is not paid within that 5-7 period; 5-8 (9) a statement that the owner of the vehicle in the 5-9 citation or summons may elect to pay the civil penalty instead of 5-10 appearing at the time and place of the administrative adjudication 5-11 hearing; and 5-12 (10) information that informs the owner of the vehicle 5-13 named in the notice of violation: 5-14 (A) of the owner's right to contest the 5-15 imposition of the civil penalty against the person in an 5-16 administrative adjudication hearing; 5-17 (B) that imposition of the civil penalty may be 5-18 contested by submitting a written request for an administrative 5-19 adjudication hearing before the expiration of the period specified 5-20 by Subdivision (8); and 5-21 (C) that failure to pay the civil penalty or to 5-22 contest liability for the penalty in a timely manner is an 5-23 admission of liability. 5-24 (d) A notice of violation is presumed to have been received 5-25 on the fifth day after the date the notice is mailed. 5-26 Sec. 707.007. ADMISSION OF LIABILITY. A person who fails to 6-1 pay the civil penalty or to contest liability for the penalty in a 6-2 timely manner or who requests an administrative adjudication 6-3 hearing to contest the imposition of the civil penalty against the 6-4 person and fails to appear at that hearing is considered to admit 6-5 liability for the full amount of the civil penalty stated in the 6-6 notice of violation mailed to the person. 6-7 Sec. 707.008. PRESUMPTION. It is presumed that the owner of 6-8 the motor vehicle committed the violation alleged in the notice of 6-9 violation mailed to the person if the motor vehicle depicted in a 6-10 photograph or digital image taken by a photographic traffic signal 6-11 enforcement system belongs to the owner of the motor vehicle. 6-12 Sec. 707.009. ADMINISTRATIVE ADJUDICATION HEARING. (a) A 6-13 person who receives a notice of violation under this chapter may 6-14 contest the imposition of the civil penalty specified in the notice 6-15 of violation by filing a written request for an administrative 6-16 adjudication hearing. The request for a hearing must be filed on 6-17 or before the date specified in the notice of violation, which may 6-18 not be less than the 15th day after the date the notice of 6-19 violation was mailed. 6-20 (b) On receipt of a timely request for an administrative 6-21 adjudication hearing, the municipality shall notify the person of 6-22 the date and time of the hearing. 6-23 (c) A hearing officer designated by the governing body of 6-24 the municipality shall conduct the administrative adjudication 6-25 hearing. 6-26 (d) In an administrative adjudication hearing, the issues 7-1 must be proven by a preponderence of the evidence. 7-2 (e) The reliability of the photographic traffic signal 7-3 enforcement system used to produce the recorded image of the motor 7-4 vehicle involved in the violation may be attested to by affidavit 7-5 of an officer or employee of the municipality or of the entity with 7-6 which the municipality has contracted under Section 707.003(1) who 7-7 is responsible for inspecting and maintaining the system. 7-8 (f) An affidavit of an officer or employee of the 7-9 municipality that alleges a violation based on an inspection of the 7-10 applicable recorded image is: 7-11 (1) admissible in the administrative adjudication 7-12 hearing; and 7-13 (2) evidence of the facts contained in the affidavit. 7-14 (g) At the conclusion of the administrative adjudication 7-15 hearing, the hearing officer shall enter a finding of liability for 7-16 the civil penalty or a finding of no liability for the civil 7-17 penalty. A finding under this subsection must be in writing and be 7-18 signed and dated by the hearing officer. 7-19 (h) A finding of liability for a civil penalty must specify 7-20 the amount of the civil penalty for which the person is liable. If 7-21 the hearing officer enters a finding of no liability, a civil 7-22 penalty for the violation may not be imposed against the person. 7-23 (i) A finding of liability or a finding of no liability 7-24 entered under this section may: 7-25 (1) be filed with the clerk or secretary of the 7-26 municipality or with a person designated by the governing body of 8-1 the municipality; and 8-2 (2) be recorded on microfilm or microfiche or using 8-3 data processing techniques. 8-4 Sec. 707.010. UNTIMELY REQUEST FOR ADMINISTRATIVE 8-5 ADJUDICATION HEARING. Notwithstanding any other provision of this 8-6 chapter, a person who receives a notice of violation under this 8-7 chapter and who fails to timely pay the amount of the civil penalty 8-8 or fails to timely request an administrative adjudication hearing 8-9 is entitled to an administrative adjudication hearing if: 8-10 (1) the person submits a written request for the 8-11 hearing to the designated hearing officer, accompanied by an 8-12 affidavit that attests to the date on which the person received the 8-13 notice of violation; and 8-14 (2) the written request and affidavit are submitted to 8-15 the hearing officer within the same number of days after the date 8-16 the person received the notice of violation as specified by Section 8-17 707.006(c)(10)(B). 8-18 Sec. 707.011. AMOUNT OF CIVIL PENALTY; LATE PAYMENT PENALTY. 8-19 (a) Except as provided by Subsections (b) and (c), the amount of a 8-20 civil penalty that may be imposed on the owner of a motor vehicle 8-21 under this chapter may not exceed $75. 8-22 (b) For a third or subsequent violation committed by the 8-23 same owner of a motor vehicle during any 12-month period, the 8-24 amount of the civil penalty may not exceed $200. 8-25 (c) The governing body of the municipality may prescribe a 8-26 late payment penalty not to exceed $50 for a civil penalty that is 9-1 not timely paid. 9-2 Sec. 707.012. ENFORCEMENT. If the owner of a motor vehicle 9-3 is delinquent in the payment of three or more civil penalties 9-4 imposed under this chapter, the motor vehicle alleged to have been 9-5 involved in any of the violations may be impounded or immobilized 9-6 by placement of an appropriate device on the vehicle. 9-7 Sec. 707.013. APPEAL. (a) The owner of a motor vehicle 9-8 determined by a hearing officer to be liable for a civil penalty 9-9 may appeal that determination to a judge of the municipal court of 9-10 the municipality by filing an appeal petition with the clerk of the 9-11 municipal court. 9-12 (b) The petition must be: 9-13 (1) filed before the 31st day after the date on which 9-14 the administrative adjudication hearing officer entered the finding 9-15 of liability for the civil penalty; and 9-16 (2) accompanied by payment of the costs required by 9-17 law for municipal court. 9-18 (c) The municipal court clerk shall schedule a hearing and 9-19 notify the owner of the motor vehicle and the appropriate 9-20 department, agency, or office of the municipality of the date, 9-21 time, and place of the hearing. 9-22 (d) Unless the owner of the vehicle, before filing the 9-23 appeal petition, posts a bond in the amount of the civil penalty 9-24 with the department, agency, or office of the municipality or with 9-25 the contracted entity designated to enforce and administer the 9-26 ordinance, an appeal does not stay enforcement or collection of the 10-1 civil penalty imposed against that owner. 10-2 Sec. 707.014. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION. 10-3 The imposition of a civil penalty under this chapter is not a 10-4 conviction and may not be considered a conviction for any purpose. 10-5 Sec. 707.015. REQUIRED SIGNAGE. (a) A municipality that 10-6 implements a photographic traffic signal enforcement system shall 10-7 place or erect signs to inform motorists entering the municipality 10-8 that a photographic traffic signal enforcement system is in use in 10-9 the municipality. 10-10 (b) The municipality shall place or erect a sign required by 10-11 Subsection (a) at each location where a city limits sign has been 10-12 placed or erected adjacent to a roadway that enters the 10-13 municipality. 10-14 (c) A sign required by this section must: 10-15 (1) conform to the manual and specifications adopted 10-16 by the Texas Transportation Commission under Section 544.001; and 10-17 (2) read as follows: "THIS (CITY, TOWN, OR VILLAGE) 10-18 USES A PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM TO ENFORCE 10-19 COMPLIANCE WITH TRAFFIC SIGNALS." 10-20 Sec. 707.016. IMPROPER USE OF SYSTEM; OFFENSE. (a) A 10-21 person commits an offense if the person uses a photographic traffic 10-22 signal enforcement system to produce a recorded image other than in 10-23 the manner and for the purposes specified by this chapter. 10-24 (b) An offense under this section is a Class A misdemeanor. 10-25 Sec. 707.017. USE OF REVENUE. In a municipal fiscal year, 10-26 after deducting any amount necessary to pay for the operation or 11-1 maintenance of the photographic traffic signal enforcement system, 11-2 the municipality shall use revenue derived from civil penalties 11-3 imposed under this chapter only for traffic safety and traffic 11-4 signal awareness and education programs. 11-5 SECTION 2. This Act takes effect immediately if it receives 11-6 a vote of two-thirds of all the members elected to each house, as 11-7 provided by Section 39, Article III, Texas Constitution. If this 11-8 Act does not receive the vote necessary for immediate effect, this 11-9 Act takes effect September 1, 2001.