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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a local authority to implement a |
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photographic traffic signal enforcement system; providing for the |
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imposition of civil penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle I, Title 7, Transportation Code, is |
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amended by adding Chapter 707 to read as follows: |
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CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL |
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ENFORCEMENT SYSTEM |
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Sec. 707.001. DEFINITIONS. In this chapter: |
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(1) "Local authority" has the meaning assigned by |
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Section 541.002. |
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(2) "Owner of a motor vehicle" means the owner of a |
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motor vehicle as shown on the motor vehicle registration records of |
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the Texas Department of Transportation or the analogous department |
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or agency of another state or country. |
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(3) "Photographic traffic signal enforcement system" |
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means a system that: |
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(A) consists of a camera system and vehicle |
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sensor installed to exclusively work in conjunction with an |
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electrically operated traffic-control signal; and |
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(B) is capable of producing at least two recorded |
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images that depict the license plate attached to the front or the |
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rear of a motor vehicle that is not operated in compliance with the |
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instructions of the traffic-control signal. |
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(4) "Recorded image" means a photographic or digital |
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image that depicts the front or the rear of a motor vehicle. |
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(5) "Traffic-control signal" has the meaning assigned |
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by Section 541.304. |
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Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. The |
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governing body of a local authority by ordinance may implement a |
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photographic traffic signal enforcement system and provide that the |
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owner of a motor vehicle is liable to the local authority for a |
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civil penalty if, while facing only a steady red signal displayed by |
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an electrically operated traffic-control signal located in the |
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local authority, the vehicle is operated in violation of the |
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instructions of that traffic-control signal, as specified by |
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Section 544.007(d). |
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Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC |
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TRAFFIC SIGNAL ENFORCEMENT SYSTEM. (a) A local authority that |
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implements a photographic traffic signal enforcement system under |
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this chapter may: |
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(1) contract for the administration and enforcement of |
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the system; and |
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(2) install and operate the system or contract for the |
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installation or operation of the system. |
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(b) A local authority that contracts for the administration |
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and enforcement of a photographic traffic signal enforcement system |
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may not agree to pay the contractor a specified percentage of, or |
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dollar amount from, each civil penalty collected. |
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(c) Before installing a photographic traffic signal |
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enforcement system at an intersection approach, the local authority |
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shall conduct a traffic engineering study of the approach to |
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determine whether, in addition to or as an alternative to the |
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system, a design change to the approach or a change in the |
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signalization of the intersection is likely to reduce the number of |
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red light violations at the intersection. |
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(d) An intersection approach must be selected for the |
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installation of a photographic traffic signal enforcement system |
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based on traffic volume, the history of accidents at the approach, |
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the number or frequency of red light violations at the |
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intersection, and similar traffic engineering and safety criteria, |
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without regard to the ethnic or socioeconomic characteristics of |
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the area in which the approach is located. |
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Sec. 707.004. REQUIRED ORDINANCE PROVISIONS. An ordinance |
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adopted under Section 707.002 must provide that a person against |
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whom the local authority seeks to impose a civil penalty is entitled |
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to a hearing and shall: |
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(1) provide for the period in which the hearing must be |
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held; |
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(2) provide for the appointment of a hearing officer |
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with authority to administer oaths and issue orders compelling the |
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attendance of witnesses and the production of documents; and |
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(3) designate the department, agency, or office of the |
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local authority responsible for the enforcement and administration |
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of the ordinance or provide that the entity with which the local |
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authority contracts under Section 707.003(a)(1) is responsible for |
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the enforcement and administration of the ordinance. |
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Sec. 707.005. EFFECT ON OTHER ENFORCEMENT. (a) The |
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implementation of a photographic traffic signal enforcement system |
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by a local authority under this chapter does not: |
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(1) preclude the application or enforcement in the |
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local authority of Section 544.007(d) in the manner prescribed by |
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Chapter 543; or |
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(2) prohibit a peace officer from arresting a violator |
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of Section 544.007(d) as provided by Chapter 543 or from issuing the |
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violator a citation and notice to appear as provided by that |
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chapter. |
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(b) A local authority may not impose a civil penalty under |
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this chapter on the owner of a motor vehicle if the operator of the |
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vehicle was arrested or issued a citation and notice to appear by a |
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peace officer for the same violation of Section 544.007(d) recorded |
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by the photographic traffic signal enforcement system. |
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Sec. 707.006. NOTICE OF VIOLATION; CONTENTS. (a) The |
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imposition of a civil penalty under this chapter is initiated by the |
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mailing of a notice of violation to the owner of the motor vehicle |
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against whom the local authority seeks to impose the civil penalty. |
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(b) Not later than the 30th day after the date the violation |
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is alleged to have occurred, the designated department, agency, or |
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office of the local authority or the entity with which the local |
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authority contracts under Section 707.003(a)(1) shall mail the |
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notice of violation to the owner at: |
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(1) the owner's address as shown on the registration |
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records of the Texas Department of Transportation; or |
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(2) if the vehicle is registered in another state or |
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country, the owner's address as shown on the motor vehicle |
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registration records of the department or agency of the other state |
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or country analogous to the Texas Department of Transportation. |
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(c) The notice of violation must contain: |
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(1) a description of the violation alleged; |
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(2) the location of the intersection where the |
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violation occurred; |
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(3) the date and time of the violation; |
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(4) the name and address of the owner of the vehicle |
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involved in the violation; |
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(5) the registration number displayed on the license |
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plate of the vehicle involved in the violation; |
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(6) a copy of a recorded image of the violation limited |
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solely to a depiction of the area of the registration number |
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displayed on the license plate of the vehicle involved in the |
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violation; |
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(7) the amount of the civil penalty for which the owner |
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is liable; |
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(8) the number of days the person has in which to pay |
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or contest the imposition of the civil penalty and a statement that |
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the person incurs a late payment penalty if the civil penalty is not |
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paid or imposition of the penalty is not contested within that |
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period; |
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(9) a statement that the owner of the vehicle in the |
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notice of violation may elect to pay the civil penalty by mail sent |
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to a specified address instead of appearing at the time and place of |
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the administrative adjudication hearing; and |
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(10) information that informs the owner of the vehicle |
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named in the notice of violation: |
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(A) of the owner's right to contest the |
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imposition of the civil penalty against the person in an |
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administrative adjudication hearing; |
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(B) that imposition of the civil penalty may be |
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contested by submitting a written request for an administrative |
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adjudication hearing before the expiration of the period specified |
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under Subdivision (8); and |
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(C) that failure to pay the civil penalty or to |
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contest liability for the penalty in a timely manner is an admission |
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of liability and a waiver of the owner's right to appeal the |
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imposition of the civil penalty. |
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(d) A notice of violation is presumed to have been received |
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on the fifth day after the date the notice is mailed. |
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Sec. 707.007. ADMISSION OF LIABILITY. A person who fails to |
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pay the civil penalty or to contest liability for the penalty in a |
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timely manner or who requests an administrative adjudication |
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hearing to contest the imposition of the civil penalty against the |
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person and fails to appear at that hearing is considered to: |
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(1) admit liability for the full amount of the civil |
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penalty stated in the notice of violation mailed to the person; and |
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(2) waive the person's right to appeal the imposition |
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of the civil penalty. |
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Sec. 707.008. PRESUMPTION. (a) It is presumed that the |
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owner of the motor vehicle committed the violation alleged in the |
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notice of violation mailed to the person if the motor vehicle |
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depicted in a photograph or digital image taken by a photographic |
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traffic signal enforcement system belongs to the owner of the motor |
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vehicle. |
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(b) If, at the time of the violation alleged in the notice of |
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violation, the motor vehicle depicted in a photograph or digital |
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image taken by a photographic traffic signal enforcement system was |
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owned by a person in the business of selling, renting, or leasing |
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motor vehicles or by a person who was not the person named in the |
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notice of violation, the presumption under Subsection (a) is |
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rebutted on the presentation of evidence establishing that the |
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vehicle was at that time: |
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(1) being test driven by another person; |
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(2) being rented or leased by the vehicle's owner to |
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another person; or |
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(3) owned by a person who was not the person named in |
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the notice of violation. |
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(c) Notwithstanding Section 707.009, the presentation of |
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evidence under Subsection (b) by a person who is in the business of |
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selling, renting, or leasing motor vehicles or did not own the |
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vehicle at the time of the violation must be made by affidavit, |
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through testimony at the administrative adjudication hearing under |
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Section 707.009, or by a written declaration under penalty of |
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perjury. The affidavit or written declaration may be submitted by |
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mail to the local authority or the entity with which the local |
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authority contracts under Section 707.003(a)(1). |
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(d) If the presumption established by Subsection (a) is |
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rebutted under Subsection (b), a civil penalty may not be imposed on |
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the owner of the vehicle or the person named in the notice of |
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violation, as applicable. |
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(e) If, at the time of the violation alleged in the notice of |
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violation, the motor vehicle depicted in the photograph or digital |
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image taken by the photographic traffic signal enforcement system |
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was owned by a person in the business of renting or leasing motor |
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vehicles and the vehicle was being rented or leased to an |
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individual, the owner of the motor vehicle shall provide to the |
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local authority or the entity with which the local authority |
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contracts under Section 707.003(a)(1) the name and address of the |
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individual who was renting or leasing the motor vehicle depicted in |
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the photograph or digital image and a statement of the period during |
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which that individual was renting or leasing the vehicle. The owner |
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shall provide the information required by this subsection not later |
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than the 30th day after the date the notice of violation is |
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received. If the owner provides the required information, it is |
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presumed that the individual renting or leasing the motor vehicle |
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committed the violation alleged in the notice of violation and the |
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local authority or contractor may send a notice of violation to that |
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individual at the address provided by the owner of the motor |
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vehicle. |
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Sec. 707.009. ADMINISTRATIVE ADJUDICATION HEARING. (a) A |
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person who receives a notice of violation under this chapter may |
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contest the imposition of the civil penalty specified in the notice |
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of violation by filing a written request for an administrative |
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adjudication hearing. The request for a hearing must be filed on or |
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before the date specified in the notice of violation, which may not |
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be earlier than the 30th day after the date the notice of violation |
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was mailed. |
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(b) On receipt of a timely request for an administrative |
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adjudication hearing, the local authority shall notify the person |
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of the date and time of the hearing. |
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(c) A hearing officer designated by the governing body of |
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the local authority shall conduct the administrative adjudication |
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hearing. |
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(d) In an administrative adjudication hearing, the issues |
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must be proven by a preponderance of the evidence. |
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(e) The reliability of the photographic traffic signal |
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enforcement system used to produce the recorded image of the motor |
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vehicle involved in the violation may be attested to by affidavit of |
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an officer or employee of the local authority or of the entity with |
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which the local authority contracts under Section 707.003(a)(1) who |
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is responsible for inspecting and maintaining the system. |
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(f) An affidavit of an officer or employee of the local |
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authority or entity that alleges a violation based on an inspection |
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of the applicable recorded image is: |
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(1) admissible in the administrative adjudication |
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hearing and in an appeal under Section 707.011; and |
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(2) evidence of the facts contained in the affidavit. |
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(g) At the conclusion of the administrative adjudication |
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hearing, the hearing officer shall enter a finding of liability for |
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the civil penalty or a finding of no liability for the civil |
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penalty. A finding under this subsection must be in writing and be |
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signed and dated by the hearing officer. |
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(h) A finding of liability for a civil penalty must specify |
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the amount of the civil penalty for which the person is liable. If |
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the hearing officer enters a finding of no liability, a civil |
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penalty for the violation may not be imposed against the person. |
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(i) A finding of liability or a finding of no liability |
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entered under this section may: |
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(1) be filed with the clerk or secretary of the local |
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authority or with a person designated by the governing body of the |
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local authority; and |
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(2) be recorded on microfilm or microfiche or using |
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data processing techniques. |
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Sec. 707.010. UNTIMELY REQUEST FOR ADMINISTRATIVE |
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ADJUDICATION HEARING. Notwithstanding any other provision of this |
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chapter, a person who receives a notice of violation under this |
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chapter and who fails to timely pay the amount of the civil penalty |
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or fails to timely request an administrative adjudication hearing |
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is entitled to an administrative adjudication hearing if: |
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(1) the person submits a written request for the |
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hearing to the designated hearing officer, accompanied by an |
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affidavit that attests to the date on which the person received the |
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notice of violation; and |
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(2) the written request and affidavit are submitted to |
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the hearing officer within the same number of days after the date |
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the person received the notice of violation as specified under |
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Section 707.006(c)(8). |
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Sec. 707.011. APPEAL. (a) The owner of a motor vehicle |
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determined by a hearing officer to be liable for a civil penalty may |
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appeal that determination to a judge by filing an appeal petition |
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with the clerk of the court. The petition must be filed with: |
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(1) a justice court of the county in which the local |
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authority is located; or |
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(2) if the local authority is a municipality, the |
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municipal court of the municipality. |
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(b) The petition must be: |
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(1) filed before the 31st day after the date on which |
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the administrative adjudication hearing officer entered the |
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finding of liability for the civil penalty; and |
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(2) accompanied by payment of the costs required by |
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law for the court. |
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(c) The court clerk shall schedule a hearing and notify the |
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owner of the motor vehicle and the appropriate department, agency, |
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or office of the local authority of the date, time, and place of the |
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hearing. |
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(d) Unless the owner of the vehicle, before filing the |
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appeal petition, posts a bond in the amount of the civil penalty |
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with the clerk of the court, an appeal does not stay enforcement or |
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collection of the civil penalty imposed against that owner. |
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(e) An appeal under this section shall be determined by the |
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court by trial de novo. |
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Sec. 707.012. MINIMUM CHANGE INTERVAL. At an intersection |
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at which a photographic traffic monitoring system is in use, the |
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minimum change interval for a steady yellow signal must be |
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established in accordance with the Texas Manual on Uniform Traffic |
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Control Devices. |
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SECTION 2. Subsection (a), Section 27.031, Government Code, |
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is amended to read as follows: |
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(a) In addition to the jurisdiction and powers provided by |
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the constitution and other law, the justice court has original |
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jurisdiction of: |
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(1) civil matters in which exclusive jurisdiction is |
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not in the district or county court and in which the amount in |
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controversy is not more than $5,000, exclusive of interest; |
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(2) cases of forcible entry and detainer; [and] |
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(3) foreclosure of mortgages and enforcement of liens |
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on personal property in cases in which the amount in controversy is |
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otherwise within the justice court's jurisdiction; and |
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(4) cases arising under Chapter 707, Transportation |
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Code, outside a municipality's territorial limits. |
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SECTION 3. Section 29.003, Government Code, is amended by |
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adding Subsection (g) to read as follows: |
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(g) A municipal court, including a municipal court of |
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record, shall have exclusive appellate jurisdiction within the |
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municipality's territorial limits in a case arising under Chapter |
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707, Transportation Code. |
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SECTION 4. Section 707.003, Transportation Code, as added |
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by this Act, applies only to a contract entered into on or after the |
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effective date of this Act. |
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SECTION 5. (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. 125, Acts |
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of the 80th Legislature, Regular Session, 2007, is enacted and |
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becomes law. |
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