80R8690 JD-F
 
  By: Callegari H.B. No. 1052
 
Substitute the following for H.B. No. 1052:
 
  By:  Menendez C.S.H.B. No. 1052
 
A BILL TO BE ENTITLED
AN ACT
relating to requiring warning signs before intersections at which a
municipality uses a photographic traffic monitoring system to
enforce compliance with a traffic-control signal.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Chapter 544, Transportation Code, is amended by
adding Section 544.012 to read as follows:
       Sec. 544.012.  NOTIFICATION OF PHOTOGRAPHIC TRAFFIC
MONITORING SYSTEM. (a) In this section:
             (1)  "Photographic traffic monitoring system" means a
system that:
                   (A)  consists of a camera and vehicle sensor
installed to work in conjunction with an electrically operated
traffic-control signal; and
                   (B)  is capable of producing one or more recorded
images that depict the license plate attached to a motor vehicle
that is not operated in compliance with the instructions of the
traffic-control signal.
             (2)  "Recorded image" means an image that:
                   (A)  depicts a motor vehicle; and
                   (B)  is automatically recorded on a photograph or
digital image.
       (b)  This section applies only to a municipality that
pursuant to an ordinance of the municipality employs a photographic
traffic monitoring system to enforce compliance with the
instructions of traffic-control signals in the municipality.
       (c)  The municipality shall install signs along each roadway
that leads to an intersection at which a photographic traffic
monitoring system is in active use. The signs must be at least 100
feet from the intersection or located according to standards
established in the manual adopted by the Texas Transportation
Commission under Section 544.001, be easily readable to any
operator approaching the intersection, and clearly indicate the
presence of a photographic monitoring system that records
violations that may result in the issuance of a notice of violation
and the imposition of a monetary penalty.
       (d)  A municipality that fails to comply with Subsection (c)
may not impose or attempt to impose a civil or administrative
penalty against a person, including the owner of a motor vehicle or
an operator, for a failure to comply with the instructions of a
traffic-control signal located at the applicable intersection.
       (e)  Subsection (d) does not prohibit a peace officer from
arresting or issuing a citation and notice to appear to a person
whom the officer observes to have failed to comply with the
instructions of a traffic-control signal located at the
intersection.
       SECTION 2.  This Act takes effect September 1, 2007.