78R1730 JD-F

By:  Berman                                                       H.B. No. 200


A BILL TO BE ENTITLED
AN ACT
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. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subtitle I, Title 7, Transportation Code, is amended by adding Chapter 707 to read as follows:
CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
Sec. 707.001. DEFINITIONS. In this chapter: (1) "Owner of a motor vehicle" means the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. (2) "Photographic traffic signal enforcement system" means a system that: (A) consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic-control signal; and (B) is capable of producing at least two recorded images that depict the license plate attached to the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal. (3) "Recorded image" means a photographic or digital image that depicts the rear of a motor vehicle. (4) "Traffic-control signal" has the meaning assigned by Section 541.304. Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. The governing body of a municipality by ordinance may implement a photographic traffic signal enforcement system and provide that the owner of a motor vehicle is liable to the municipality for a civil penalty if, while facing only a steady red signal displayed by an electrically operated traffic-control signal located in the municipality, the vehicle is operated in violation of the instructions of that traffic-control signal, as specified by Section 544.007(d). Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM. A municipality that implements a photographic traffic signal enforcement system under this chapter may: (1) contract for the administration and enforcement of the ordinance; and (2) install and operate the system or contract for the installation or operation of the system. Sec. 707.004. REQUIRED ORDINANCE PROVISIONS. An ordinance adopted under Section 707.002 must provide that a person against whom the municipality seeks to impose a civil penalty is entitled to a hearing and shall: (1) provide for the period in which the hearing must be held; (2) provide for the appointment of a hearing officer with authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents; and (3) designate the department, agency, or office of the municipality responsible for the enforcement and administration of the ordinance or provide that the entity with which the municipality enters into a contract under Section 707.003(1) is responsible for the enforcement and administration of the ordinance. Sec. 707.005. EFFECT ON OTHER ENFORCEMENT. (a) The implementation of a photographic traffic signal enforcement system by a municipality under this chapter does not: (1) preclude the application or enforcement in the municipality of Section 544.007(d) in the manner prescribed by Chapter 543; or (2) prohibit a peace officer from arresting a violator of Section 544.007(d) as provided by Chapter 543 or from issuing the violator a citation and notice to appear as provided by that chapter. (b) A municipality may not impose a civil penalty under this chapter on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation of Section 544.007(d) recorded by the traffic signal enforcement system. Sec. 707.006. NOTICE OF VIOLATION; CONTENTS. (a) The imposition of a civil penalty under this chapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the municipality seeks to impose the civil penalty. (b) Not later than the 30th day after the date the violation is alleged to have occurred, the designated department, agency, or office of the municipality or the entity with which the municipality has entered into a contract under Section 707.003(1) shall mail the notice of violation to the owner at: (1) the owner's address as shown on the registration records of the Texas Department of Transportation; or (2) if the vehicle is registered in another state or country, the owner's address as shown on the motor vehicle registration records of the department or agency of the other state or country analogous to the Texas Department of Transportation. (c) The notice of violation must contain the following: (1) a description of the violation alleged; (2) the location of the intersection where the violation occurred; (3) the date and time of the violation; (4) the name and address of the owner of the vehicle involved in the violation; (5) the registration number displayed on the license plate of the vehicle involved in the violation; (6) a copy of a recorded image of the registration number displayed on the license plate of the vehicle involved in the violation; (7) the amount of the civil penalty for which the owner is liable; (8) the number of days the person has in which to pay the civil penalty; (9) a statement that the owner of the vehicle in the citation or summons may elect to pay the civil penalty instead of appearing at the time and place of the administrative adjudication hearing and that the penalty may be paid by mail sent to a specified address; and (10) information that informs the owner of the vehicle named in the notice of violation: (A) of the owner's right to contest the imposition of the civil penalty against the person in an administrative adjudication hearing; (B) that imposition of the civil penalty may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified by Subdivision (8); and (C) that failure to pay the civil penalty or to contest liability for the penalty in a timely manner is an admission of liability. (d) A notice of violation is presumed to have been received on the fifth day after the date the notice is mailed. Sec. 707.007. ADMISSION OF LIABILITY. A person who fails to pay the civil penalty or to contest liability for the penalty in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty against the person and fails to appear at that hearing is considered to admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person. Sec. 707.008. PRESUMPTION. It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic signal enforcement system belongs to the owner of the motor vehicle. Sec. 707.009. ADMINISTRATIVE ADJUDICATION HEARING. (a) A person who receives a notice of violation under this chapter may contest the imposition of the civil penalty specified in the notice of violation by filing a written request for an administrative adjudication hearing. The request for a hearing must be filed on or before the date specified in the notice of violation, which may not be less than the 15th day after the date the notice of violation was mailed. (b) On receipt of a timely request for an administrative adjudication hearing, the municipality shall notify the person of the date and time of the hearing. (c) A hearing officer designated by the governing body of the municipality shall conduct the administrative adjudication hearing. (d) In an administrative adjudication hearing, the issues must be proven by a preponderence of the evidence. (e) The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the motor vehicle involved in the violation may be attested to by affidavit of an officer or employee of the municipality or of the entity with which the municipality has contracted under Section 707.003(1) who is responsible for inspecting and maintaining the system. (f) An affidavit of an officer or employee of the municipality that alleges a violation based on an inspection of the applicable recorded image is: (1) admissible in the administrative adjudication hearing; and (2) evidence of the facts contained in the affidavit. (g) At the conclusion of the administrative adjudication hearing, the hearing officer shall enter a finding of liability for the civil penalty or a finding of no liability for the civil penalty. A finding under this subsection must be in writing and be signed and dated by the hearing officer. (h) A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the hearing officer enters a finding of no liability, a civil penalty for the violation may not be imposed against the person. (i) A finding of liability or a finding of no liability entered under this section may: (1) be filed with the clerk or secretary of the municipality or with a person designated by the governing body of the municipality; and (2) be recorded on microfilm or microfiche or using data processing techniques. Sec. 707.010. UNTIMELY REQUEST FOR ADMINISTRATIVE ADJUDICATION HEARING. Notwithstanding any other provision of this chapter, a person who receives a notice of violation under this chapter and who fails to timely pay the amount of the civil penalty or fails to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if: (1) the person submits a written request for the hearing to the designated hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and (2) the written request and affidavit are submitted to the hearing officer within the same number of days after the date the person received the notice of violation as specified by Section 707.006(c)(10)(B). Sec. 707.011. AMOUNT OF CIVIL PENALTY; PAYMENT BY MAIL. (a) The amount of a civil penalty that may be imposed on the owner of a motor vehicle under this chapter is $75. (b) The ordinance must provide that payment of a civil penalty may be made by mail. Sec. 707.012. ENFORCEMENT. If the owner of a motor vehicle is delinquent in the payment of three or more civil penalties imposed under this chapter, the motor vehicle alleged to have been involved in any of the violations may be impounded or immobilized by placement of an appropriate device on the vehicle. Sec. 707.013. APPEAL. (a) The owner of a motor vehicle determined by a hearing officer to be liable for a civil penalty may appeal that determination to a judge of the municipal court of the municipality by filing an appeal petition with the clerk of the municipal court. (b) The petition must be: (1) filed before the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty; and (2) accompanied by payment of the costs required by law for municipal court. (c) The municipal court clerk shall schedule a hearing and notify the owner of the motor vehicle and the appropriate department, agency, or office of the municipality of the date, time, and place of the hearing. (d) Unless the owner of the vehicle, before filing the appeal petition, posts a bond in the amount of the civil penalty with the department, agency, or office of the municipality or with the contracted entity designated to enforce and administer the ordinance, an appeal does not stay enforcement or collection of the civil penalty imposed against that owner. Sec. 707.014. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION. The imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction for any purpose. Sec. 707.015. REQUIRED SIGNAGE. (a) A municipality that implements a photographic traffic signal enforcement system shall place or erect signs to inform motorists entering the municipality that a photographic traffic signal enforcement system is in use in the municipality. (b) The municipality shall place or erect a sign required by Subsection (a) at each location where a city limits sign has been placed or erected adjacent to a roadway that enters the municipality. (c) A sign required by this section must: (1) conform to the manual and specifications adopted by the Texas Transportation Commission under Section 544.001; and (2) read as follows: "THIS (CITY, TOWN, OR VILLAGE) USES A PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM TO ENFORCE COMPLIANCE WITH TRAFFIC SIGNALS." Sec. 707.016. IMPROPER USE OF SYSTEM; OFFENSE. (a) A person commits an offense if the person uses a photographic traffic signal enforcement system to produce a recorded image other than in the manner and for the purposes specified by this chapter. (b) An offense under this section is a Class A misdemeanor. Sec. 707.017. USE OF REVENUE. In a municipal fiscal year, after deducting any amount necessary to pay for the operation or maintenance of the photographic traffic signal enforcement system, the municipality shall use revenue derived from civil penalties imposed under this chapter only for traffic safety and traffic signal awareness and education programs. SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2003.