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A BILL TO BE ENTITLED
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AN ACT
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relating to the deposit of revenue collected from certain traffic |
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penalties in the designated trauma facility and emergency medical |
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services account. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 542, Transportation Code, |
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is amended by adding Section 542.405 to read as follows: |
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Sec. 542.405. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC |
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PENALTIES IN DESIGNATED TRAUMA FACILITY AND EMERGENCY MEDICAL |
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SERVICES ACCOUNT. (a) In this section, "photographic traffic |
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signal enforcement system" means a system that: |
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(1) consists of a camera system and vehicle sensor |
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installed to exclusively work in conjunction with an electrically |
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operated traffic-control signal; |
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(2) is capable of producing one or more recorded |
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photographic or digital images that depict the license plate |
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attached to the front or the rear of a motor vehicle that is not |
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operated in compliance with the instructions of the traffic-control |
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signal; and |
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(3) is designed to enforce compliance with the |
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instructions of the traffic-control signal by imposition of a civil |
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or administrative penalty against the owner of the motor vehicle. |
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(b) This section applies only to a civil or administrative |
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penalty imposed on the owner of a motor vehicle by a local authority |
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that operates or contracts for the operation of a photographic |
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traffic signal enforcement system with respect to a highway under |
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its jurisdiction or that operates or contracts for the operation of |
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any other type of electronic traffic law enforcement system |
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consisting of a camera system that automatically produces one or |
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more recorded photographs or digital images of the license plate on |
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a motor vehicle or the operator of a motor vehicle. |
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(c) After deducting amounts the local authority is |
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authorized by this section to retain, the local authority shall |
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send all revenue derived from civil or administrative penalties |
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collected by the local authority under this section to the |
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comptroller for deposit to the credit of the designated trauma |
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facility and emergency medical services account established under |
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Section 780.003, Health and Safety Code. |
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(d) A local authority may retain an amount, not to exceed 50 |
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percent of the penalty, to cover the amounts necessary to: |
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(1) purchase or lease equipment that is part of or used |
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in connection with the photographic traffic signal enforcement |
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system in the local authority; |
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(2) install the photographic traffic signal |
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enforcement system at sites in the local authority, including the |
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costs of installing cameras, flashes, computer equipment, loop |
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sensors, detectors, utility lines, data lines, poles and mounts, |
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networking equipment, and associated labor costs; |
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(3) operate the photographic traffic signal |
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enforcement system in the local authority, including the costs of |
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creating, distributing, and delivering violation notices, any |
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review of violations by trained police officers, the processing of |
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fine payments and collections, and the costs associated with |
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administrative adjudications and appeals; and |
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(4) maintain the general upkeep and functioning of the |
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photographic traffic signal enforcement system. |
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(e) The comptroller shall adopt rules to implement and |
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enforce this section. |
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SECTION 2. Section 780.003(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The account is composed of money deposited to the credit |
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of the account under: |
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(1) Section 780.002; |
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(2) Section 542.405, Transportation Code; [,] and |
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(3) the earnings of the account. |
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SECTION 3. This Act applies to revenue received by a local |
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authority unit of this state from the imposition of a civil or |
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administrative penalty on or after the effective date of this Act, |
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regardless of whether the penalty was imposed before, on, or after |
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the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2007. |