80R1424 ACP-D
 
  By: Murphy H.B. No. 1570
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the deposit of revenue collected from certain traffic
penalties in the designated trauma facility and emergency medical
services account.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subchapter D, Chapter 542, Transportation Code,
is amended by adding Section 542.405 to read as follows:
       Sec. 542.405.  DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC
PENALTIES IN DESIGNATED TRAUMA FACILITY AND EMERGENCY MEDICAL
SERVICES ACCOUNT. (a) In this section, "photographic traffic
signal enforcement system" means a system that:
             (1)  consists of a camera system and vehicle sensor
installed to exclusively work in conjunction with an electrically
operated traffic-control signal;
             (2)  is capable of producing one or more recorded
photographic or digital images that depict the license plate
attached to the front or the rear of a motor vehicle that is not
operated in compliance with the instructions of the traffic-control
signal; and
             (3)  is designed to enforce compliance with the
instructions of the traffic-control signal by imposition of a civil
or administrative penalty against the owner of the motor vehicle.
       (b)  This section applies only to a civil or administrative
penalty imposed on the owner of a motor vehicle by a local authority
that operates or contracts for the operation of a photographic
traffic signal enforcement system with respect to a highway under
its jurisdiction or that operates or contracts for the operation of
any other type of electronic traffic law enforcement system
consisting of a camera system that automatically produces one or
more recorded photographs or digital images of the license plate on
a motor vehicle or the operator of a motor vehicle.
       (c)  After deducting amounts the local authority is
authorized by this section to retain, the local authority shall
send all revenue derived from civil or administrative penalties
collected by the local authority under this section to the
comptroller for deposit to the credit of the designated trauma
facility and emergency medical services account established under
Section 780.003, Health and Safety Code.
       (d)  A local authority may retain an amount, not to exceed 50
percent of the penalty, to cover 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 local authority;
             (2)  install the photographic traffic signal
enforcement system at sites in the local authority, including the
costs of installing cameras, flashes, computer equipment, loop
sensors, detectors, utility lines, data lines, poles and mounts,
networking equipment, and associated labor costs;
             (3)  operate the photographic traffic signal
enforcement system in the local authority, 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; and
             (4)  maintain the general upkeep and functioning of the
photographic traffic signal enforcement system.
       (e)  The comptroller shall adopt rules to implement and
enforce this section.
       SECTION 2.  Section 780.003(b), Health and Safety Code, is
amended to read as follows:
       (b)  The account is composed of money deposited to the credit
of the account under:
             (1)  Section 780.002;
             (2)  Section 542.405, Transportation Code; [,] and
             (3)  the earnings of the account.
       SECTION 3.  This Act applies to revenue received by a local
authority unit of this state from the imposition of a civil or
administrative penalty on or after the effective date of this Act,
regardless of whether the penalty was imposed before, on, or after
the effective date of this Act.
       SECTION 4.  This Act takes effect September 1, 2007.