78R4906 JD-F
By: King H.B. No. 901
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) A municipality that
implements a photographic traffic signal enforcement system under
this chapter may:
(1) contract for the administration and enforcement of
the system; and
(2) install and operate the system or contract for the
installation or operation of the system.
(b) A municipality that contracts for the administration
and enforcement of a photographic traffic signal enforcement system
may agree to compensate the contractor on the basis of a monthly or
other fee but may not agree to pay the contractor a specified
percentage of, or dollar amount from, each civil penalty collected.
(c) Before installing a photographic traffic signal
enforcement system at an intersection approach, the municipality
shall conduct a traffic engineering study of the approach to
determine whether, in addition to or as an alternative to the
system, a design change to the approach or a change in the
signalization of the intersection is likely to reduce the number of
red light violations at the intersection.
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(a)(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(a)(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 and a statement that the person incurs a late
payment penalty if the civil penalty is not paid within that period;
(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
(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 and a waiver of the owner's right to appeal the
imposition of the civil penalty.
(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:
(1) admit liability for the full amount of the civil
penalty stated in the notice of violation mailed to the person; and
(2) waive the person's right to appeal the imposition
of the civil penalty.
Sec. 707.008. PRESUMPTION. (a) 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.
(b) If, at the time of the violation alleged in the notice of
violation, the motor vehicle depicted in a photograph or digital
image taken by a photographic traffic signal enforcement system was
owned by a person in the business of renting or leasing motor
vehicles, the presumption under Subsection (a) is rebutted on the
presentation of evidence establishing that the vehicle was at that
time being rented or leased by the vehicle's owner to another
person. If the presumption is rebutted under this subsection, a
civil penalty may not be imposed on the owner of the 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 preponderance 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(a)(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)(8).
Sec. 707.011. AMOUNT OF CIVIL PENALTY; LATE PAYMENT
PENALTY. (a) Except as provided by Subsections (b) and (c), the
amount of a civil penalty that may be imposed on the owner of a motor
vehicle under this chapter may not exceed $75.
(b) For a third or subsequent violation committed by the
same owner of a motor vehicle during any 12-month period, the amount
of the civil penalty may not exceed $200.
(c) The governing body of the municipality may prescribe a
late payment penalty not to exceed $50 for a civil penalty that is
not timely paid.
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 clerk of the municipal court, an appeal does not stay
enforcement or collection of the civil penalty imposed against that
owner.
(e) An appeal under this section shall be determined by the
municipal court by trial de novo.
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. DISPOSITION OF REVENUE. (a) Not later than
the 15th day after the end of a municipality's fiscal year, after
deducting amounts the municipality is authorized by this section to
retain, the municipality shall send to the comptroller for deposit
to the credit of the Texas mobility fund:
(1) all revenue derived from civil penalties collected
by the municipality under this chapter in that fiscal year; and
(2) one-half of the revenue derived from any late
payment penalties collected under Section 707.011(c) in that fiscal
year.
(b) Together with the amounts sent for deposit, the
municipality shall send to the comptroller a report that shows:
(1) the total amount of civil penalties and late
penalties collected by the municipality in that fiscal year; and
(2) the amounts retained by the municipality under
Subsection (c) in that fiscal year.
(c) A municipality may retain an amount equal to the amounts
necessary to:
(1) purchase or lease equipment that is part of or used
in connection with the photographic traffic signal enforcement
system in the municipality;
(2) install the photographic traffic signal
enforcement system at sites in the municipality, including the
costs of installing cameras, flashes, computer equipment, loop
sensors, detectors, utility lines, data lines, poles and mounts,
networking equipment, engineering costs associated with Section
707.003(c), and associated labor costs;
(3) operate the photographic traffic signal
enforcement system in the municipality, including the costs of
creating, distributing, and delivering violation notices, any
review of violations by trained police officers, the processing of
fine payments and collections, and the costs associated with
administrative adjudications and appeals;
(4) maintain the general upkeep and functioning of the
photographic traffic enforcement system; and
(5) fund the costs, not to exceed $10,000, of a public
awareness and education program that informs drivers about the
municipality's use of the photographic traffic signal enforcement
system in the first year the system is used.
(d) The comptroller shall enforce this section.
(e) If an audit is conducted by the comptroller under
Subsection (d) and it is determined that during the period covered
by the audit the municipality retained more than the amounts
authorized by this section, the municipality shall pay the costs
incurred by the comptroller in conducting the audit.
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.