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A BILL TO BE ENTITLED
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AN ACT
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relating to a civil or administrative penalty imposed by a local |
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authority to enforce compliance with a traffic-control signal and |
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use of the money collected to help fund trauma facilities and |
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emergency medical services. |
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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 Sections 542.405 and 542.406 to read as |
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follows: |
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Sec. 542.405. AMOUNT OF CIVIL PENALTY; LATE PAYMENT |
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PENALTY. If a local authority enacts an ordinance to enforce |
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compliance with the instructions of a traffic-control signal by the |
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imposition of a civil or administrative penalty, the amount of: |
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(1) the civil or administrative penalty may not exceed |
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$75; and |
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(2) a late payment penalty may not exceed $25. |
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Sec. 542.406. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC |
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PENALTIES. (a) In this section, "photographic traffic signal |
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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) Not later than the 60th day after the end of a local |
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authority's fiscal year, after deducting amounts the local |
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authority is authorized by Subsection (d) to retain, the local |
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authority shall: |
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(1) send 50 percent of the revenue derived from civil |
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or administrative penalties collected by the local authority under |
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this section to the comptroller for deposit to the credit of the |
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trauma service area regional advisory council account established |
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under Section 782.002, Health and Safety Code; and |
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(2) deposit the remainder of the revenue in a special |
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account in the local authority's treasury that may be used only to |
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fund traffic safety programs, including pedestrian safety |
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programs, public safety programs, intersection improvements, and |
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traffic enforcement. |
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(d) A local authority may retain an amount necessary to |
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cover the costs of: |
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(1) purchasing or leasing equipment that is part of or |
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used in connection with the photographic traffic signal enforcement |
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system in the local authority; |
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(2) installing 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) operating 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, review |
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of violations conducted by employees of the local authority, the |
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processing of fine payments and collections, and the costs |
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associated with administrative adjudications and appeals; and |
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(4) maintaining the general upkeep and functioning of |
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the photographic traffic signal enforcement system. |
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(e) Chapter 133, Local Government Code, applies to fee |
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revenue described by Subsection (c)(1). |
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(f) If under Section 133.059, Local Government Code, the |
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comptroller conducts an audit of a local authority and determines |
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that the local authority retained more than the amounts authorized |
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by this section or failed to deposit amounts as required by this |
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section, the comptroller may impose a penalty on the local |
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authority equal to twice the amount the local authority: |
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(1) retained in excess of the amount authorized by |
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this section; or |
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(2) failed to deposit as required by this section. |
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SECTION 2. Section 133.004, Local Government Code, is |
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amended to read as follows: |
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Sec. 133.004. CIVIL FEES. This chapter applies to the |
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following civil fees: |
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(1) the consolidated fee on filing in district court |
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imposed under Section 133.151; |
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(2) the filing fee in district court for basic civil |
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legal services for indigents imposed under Section 133.152; |
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(3) the filing fee in courts other than district court |
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for basic civil legal services for indigents imposed under Section |
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133.153; |
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(4) the filing fees for the judicial fund imposed in |
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certain statutory county courts under Section 51.702, Government |
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Code; |
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(5) the filing fees for the judicial fund imposed in |
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certain county courts under Section 51.703, Government Code; |
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(6) the filing fees for the judicial fund imposed in |
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certain statutory probate courts under Section 51.704, Government |
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Code; |
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(7) fees collected under Section 118.015; |
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(8) marriage license fees for the family trust fund |
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collected under Section 118.018; |
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(9) marriage license or declaration of informal |
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marriage fees for the child abuse and neglect prevention trust fund |
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account collected under Section 118.022; [and] |
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(10) the filing fee for the judicial fund imposed in |
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district court, statutory county court, and county court under |
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Section 133.154; and |
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(11) the portion of the civil or administrative |
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penalty described by Section 542.405(1), Transportation Code, |
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imposed by a local authority to enforce compliance with the |
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instructions of a traffic-control signal. |
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SECTION 3. Subtitle B, Title 9, Health and Safety Code, is |
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amended by adding Chapter 782 to read as follows: |
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CHAPTER 782. REGIONAL EMERGENCY MEDICAL SERVICES |
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Sec. 782.001. DEFINITIONS. In this chapter: |
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(1) "Commission" means the Health and Human Services |
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Commission. |
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(2) "Commissioner" means the executive commissioner |
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of the Health and Human Services Commission. |
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Sec. 782.002. REGIONAL TRAUMA ACCOUNT. (a) The regional |
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trauma account is created as a dedicated account in the general |
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revenue fund of the state treasury. Money in the account may be |
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appropriated only to the commission to make distributions as |
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provided by Section 782.003. |
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(b) The account is composed of money deposited to the credit |
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of the account under Section 542.406, Transportation Code, and the |
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earnings of the account. |
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(c) Sections 403.095 and 404.071, Government Code, do not |
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apply to the account. |
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Sec. 782.003. PAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT. |
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(a) The commissioner shall use money appropriated from the |
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regional trauma account established under Section 782.002 to fund |
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uncompensated care of designated trauma facilities and county and |
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regional emergency medical services located in the area served by |
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the trauma service area regional advisory council that serves the |
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local authority submitting money under Section 542.406, |
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Transportation Code. |
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(b) In any fiscal year, the commissioner shall use: |
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(1) 96 percent of the money appropriated from the |
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account to fund a portion of the uncompensated trauma care provided |
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at facilities designated as state trauma facilities by the |
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commission; |
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(2) two percent of the money appropriated from the |
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account for county and regional emergency medical services; |
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(3) one percent of the money appropriated from the |
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account for distribution to the 22 trauma service area regional |
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advisory councils; and |
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(4) one percent of the money appropriated from the |
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account to fund administrative costs of the commission. |
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(c) The money under Subsection (b) shall be distributed in |
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proportion to the amount deposited to the account from the local |
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authority. |
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SECTION 4. Section 542.406, Transportation Code, as added |
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by this Act, and Section 782.002, Health and Safety Code, as added |
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by this Act, apply to revenue received by a local authority unit of |
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this state from the imposition of a civil or administrative penalty |
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on or after the effective date of this Act, regardless of whether |
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the penalty was imposed before, on, or after the effective date of |
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this Act. |
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SECTION 5. Not later than December 1, 2007, the executive |
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commissioner of the Health and Human Services Commission shall |
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adopt rules to implement Chapter 782, Health and Safety Code, as |
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added by this Act. |
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SECTION 6. (a) Except as provided by Subsection (b) of |
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this section, this Act takes effect September 1, 2007. |
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(b) This Act takes effect only if Senate Bill No. 1119, Acts |
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of the 80th Legislature, Regular Session, 2007, is enacted and |
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becomes law. |