LEGISLATIVE BUDGET BOARD
                              Austin, Texas
                                     
                    FISCAL NOTE, 77th Regular Session
  
                            February 26, 2001
  
  
          TO:  Honorable Bob Turner, Chair, House Committee on Public
               Safety
  
        FROM:  John Keel, Director, Legislative Budget Board
  
       IN RE:  HB1115  by Driver (Relating to the authority of a
               municipality to implement a photographic traffic signal
               enforcement system; providing for the imposition of
               civil penalties and providing a criminal penalty.), As
               Introduced
  
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*  No significant fiscal implication to the State is anticipated.        *
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Local Government Impact
  
The bill would authorize municipalities to implement a photographic
traffic signal enforcement system.

A city would be authorized to implement, by ordinance, a photographic
traffic signal enforcement system (system) and assess a civil penalty if
a vehicle was operated in violation of a traffic signal.  A city could
contract for the administration and enforcement of such an ordinance;
install and operate a system; or contract for the installation or
operation of a system.  The provisions of the bill would require that
signs be posted to inform motorists that a system is in use.

Civil penalties would be initiated by mailing a violation notice to the
motor vehicle owner. The amount of a civil penalty imposed could not
exceed $75 in most instances; in cases of third or subsequent violations
during any 12-month period, the civil penalty could not exceed $200.  A
late payment penalty could be imposed not to exceed $50. Funds derived
from civil penalties could only be used for traffic safety and traffic
signal awareness and education programs, after deducting any amounts
necessary for the operation and maintenance of the system.

This bill would take effect immediately if it were to receive a favorable
two-thirds vote in both houses; otherwise, it would take effect
September 1, 2001.

According to officials with the City of Richardson, which has been
researching various systems, the average cost per intersection could be
between $60,000 and $160,000 for a one-way or two-way approach to the
intersection. A system vendor in Round Rock also quoted the per
intersection cost as ranging from $100,000 for a one-way approach up to
$280,000 for a four-way approach.  System costs would vary depending on
the type of system selected, variables within the system, and number of
approaches monitored.  Cities could incur initial capital outlay of
between $60,000 and $280,000 per intersection plus the continued costs
for operating and maintaining the system, including increasing staff;
or, experience no significant fiscal impact if they contract to lease
the equipment and the administration of the program, with a portion of
the fees collected being used to pay the contractor. Even with a lease
plan, a city could incur initial costs if installation preparation
required changing lighting, clearing trees and overhangs, or providing
engineering drawings and those expenses were not included in the
contract.
  
  
Source Agencies:   405   Texas Department of Public Safety, 302   Office
                   of the Attorney General, 304   Comptroller of Public
                   Accounts
LBB Staff:         JK, JC, DG, DB