81R16467 SLB-F

By: Phillips H.B. No. 3558

Substitute the following for H.B. No. 3558:

By: Pierson C.S.H.B. No. 3558

A BILL TO BE ENTITLED

AN ACT

relating to the authority of a local authority to require a person who violates a photographic traffic signal enforcement system to take an intersection safety course.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 707.002, Transportation Code, is amended to read as follows:

Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY AND INTERSECTION SAFETY COURSE. (a) The governing body of a local authority by ordinance may implement a photographic traffic signal enforcement system and provide that the owner of a motor vehicle is liable to the local authority for a civil penalty if, while facing only a steady red signal displayed by an electrically operated traffic-control signal located in the local authority, the vehicle is operated in violation of the instructions of that traffic-control signal, as specified by Section 544.007(d).

(b) In addition to a monetary penalty, the local authority may require that the owner of the motor vehicle successfully complete an intersection safety course described by Section 707.0025. A local authority that requires completion of an intersection safety course may charge a fee set by the governing body of the local authority for the course.

SECTION 2. Chapter 707, Transportation Code, is amended by adding Section 707.0025 to read as follows:

Sec. 707.0025. INTERSECTION SAFETY COURSE. (a) An approved intersection safety course must provide:

(1) not less than one hour or more than three hours of instruction; and

(2) information about:

(A) traffic laws of this state;

(B) safe driving techniques, including recommended vehicle speeds, and the definition of a traffic-control signal; and

(C) pedestrian safety, including information about crosswalks.

(b) A third-party entity that provides an intersection safety course required by a local authority must:

(1) maintain an Internet website that contains:

(A) course content that meets recognized national curriculum standards; and

(B) versions of the course in both English and Spanish;

(2) maintain a call center that:

(A) is operated by the entity's employees who assist with technical and course-related questions; and

(B) operates 24 hours a day, 7 days a week;

(3) employ a multilingual staff;

(4) maintain a copy of a certificate of formation evidencing the entity's authorization to do business in this state;

(5) comply with the Americans with Disabilities Act (42 U.S.C. Section 12101 et seq.);

(6) maintain sufficient server network security features, including controlled access and intrusion prevention measures;

(7) maintain sufficient server network volume capabilities;

(8) maintain sufficient security measures to positively verify student identity;

(9) have the capacity to provide for indigent education program participation; and

(10) have the capacity to allow a person without Internet access to access the course.

SECTION 3. Section 707.003(f), Transportation Code, is amended to read as follows:

(f) A local authority may not impose a civil penalty or a requirement to complete an intersection safety course under this chapter on the owner of a motor vehicle if the local authority violates Subsection (b) or (c).

SECTION 4. Section 707.009, Transportation Code, is amended to read as follows:

Sec. 707.009. REQUIRED ORDINANCE PROVISIONS. An ordinance adopted under Section 707.002 must provide that a person against whom the local authority seeks to impose a civil penalty or a requirement to complete an intersection safety course is entitled to a hearing and shall:

(1) provide for the period in which the hearing must be held;

(2) provide for the appointment of a hearing officer with authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents; and

(3) designate the department, agency, or office of the local authority responsible for the enforcement and administration of the ordinance or provide that the entity with which the local authority contracts under Section 707.003(a)(1) is responsible for the enforcement and administration of the ordinance.

SECTION 5. Section 707.010(b), Transportation Code, is amended to read as follows:

(b) A local authority may not impose a civil penalty or a requirement to complete an intersection safety course under this chapter on the owner of a motor vehicle if the operator of the vehicle was arrested or issued a citation and notice to appear by a peace officer for the same violation of Section 544.007(d) recorded by the photographic traffic signal enforcement system.

SECTION 6. Sections 707.011(a) and (c), Transportation Code, are amended to read as follows:

(a) The imposition of a civil penalty or a requirement to complete an intersection safety course under this chapter is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the local authority seeks to impose the civil penalty or the course requirement.

(c) The notice of violation must contain:

(1) a description of the violation alleged;

(2) the location of the intersection where the violation occurred;

(3) the date and time of the violation;

(4) the name and address of the owner of the vehicle involved in the violation;

(5) the registration number displayed on the license plate of the vehicle involved in the violation;

(6) a copy of a recorded image of the violation limited solely to a depiction of the area of the registration number displayed on the license plate of the vehicle involved in the violation;

(7) the amount of the civil penalty for which the owner is liable;

(8) the number of days the person has in which to pay or contest the imposition of the civil penalty and to complete any required intersection safety course and a statement that:

(A) the person incurs a late payment penalty if the civil penalty is not paid or imposition of the penalty is not contested within that period; and

(B) if applicable, the person incurs an additional penalty in the amount of a late payment penalty if the person fails to complete a required intersection safety course by the date specified in the notice;

(9) a statement that the owner of the vehicle in the notice of violation may elect to pay the civil penalty by mail sent to a specified address instead of appearing at the time and place of the administrative adjudication hearing; [and]

(10) information that informs the owner of the vehicle named in the notice of violation:

(A) of the owner's right to contest the imposition of the civil penalty against the person and any requirement that the person complete an intersection safety course in an administrative adjudication hearing;

(B) that imposition of the civil penalty and any requirement that the person complete an intersection safety course may be contested by submitting a written request for an administrative adjudication hearing before the expiration of the period specified under Subdivision (8); and

(C) that failure to pay the civil penalty, to complete a required intersection safety course, or to contest liability for the penalty in a timely manner is an admission of liability and a waiver of the owner's right to appeal the imposition of the civil penalty; and

(11) if applicable, instructions for completing an approved intersection safety course and information regarding the fee charged for the course.

SECTION 7. Section 707.012, Transportation Code, is amended to read as follows:

Sec. 707.012. ADMISSION OF LIABILITY. A person who fails to pay the civil penalty, to complete a required intersection safety course, or to contest liability for the penalty or course requirement in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty or course requirement against the person and fails to appear at that hearing is considered to:

(1) admit liability for the full amount of the civil penalty stated in the notice of violation mailed to the person; and

(2) waive the person's right to appeal the imposition of the civil penalty.

SECTION 8. Section 707.013, Transportation Code, is amended by adding Subsections (b-1) and (d-1) to read as follows:

(b-1) If the owner of a motor vehicle is required by a local authority to complete an intersection safety course under this chapter, the owner may rebut the presumption under Subsection (a) by presenting evidence establishing that the vehicle was operated by another person at the time of the violation. Notwithstanding Section 707.014, the presentation of evidence under this subsection must be made by affidavit, through testimony at the administrative adjudication hearing under Section 707.014, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the local authority.

(d-1) If the presumption established by Subsection (a) is rebutted under Subsection (b-1), the owner of the motor vehicle may not be required to complete the intersection safety course.

SECTION 9. Sections 707.014(a), (g), and (h), Transportation Code, are amended to read as follows:

(a) A person who receives a notice of violation under this chapter may contest the imposition of the civil penalty or the requirement to complete an intersection safety course specified in the notice of violation by filing a written request for an administrative adjudication hearing. The request for a hearing must be filed on or before the date specified in the notice of violation, which may not be earlier than the 30th day after the date the notice of violation was mailed.

(g) At the conclusion of the administrative adjudication hearing, the hearing officer shall enter a finding of liability for the civil penalty and any requirement to complete an intersection safety course or a finding of no liability for the civil penalty or the requirement to complete an intersection safety course. A finding under this subsection must be in writing and be signed and dated by the hearing officer.

(h) A finding of liability for a civil penalty must specify the amount of the civil penalty for which the person is liable. If the hearing officer enters a finding of no liability, a civil penalty for the violation or a requirement to complete an intersection safety course may not be imposed against the person.

SECTION 10. Section 707.015, Transportation Code, is amended to read as follows:

Sec. 707.015. UNTIMELY REQUEST FOR ADMINISTRATIVE ADJUDICATION HEARING. Notwithstanding any other provision of this chapter, a person who receives a notice of violation under this chapter and who fails to timely pay the amount of the civil penalty, to complete a required intersection safety course, or [fails] to timely request an administrative adjudication hearing is entitled to an administrative adjudication hearing if:

(1) the person submits a written request for the hearing to the designated hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and

(2) the written request and affidavit are submitted to the hearing officer within the same number of days after the date the person received the notice of violation as specified under Section 707.011(c)(8).

SECTION 11. Sections 707.016(a), (b), and (d), Transportation Code, are amended to read as follows:

(a) The owner of a motor vehicle determined by a hearing officer to be liable for a civil penalty or required to complete an intersection safety course may appeal that determination to a judge by filing an appeal petition with the clerk of the court. The petition must be filed with:

(1) a justice court of the county in which the local authority is located; or

(2) if the local authority is a municipality, the municipal court of the municipality.

(b) The petition must be:

(1) filed before the 31st day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty or the requirement to complete an intersection safety course; and

(2) accompanied by payment of the costs required by law for the court.

(d) An appeal stays enforcement of the requirement to complete an intersection safety course and collection of the civil penalty imposed against the owner of the motor vehicle. The owner shall file a notarized statement of personal financial obligation to perfect the owner's appeal.

SECTION 12. Section 707.017, Transportation Code, is amended to read as follows:

Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle is delinquent in the payment of a civil penalty or the completion of a required intersection safety course imposed under this chapter, the county assessor-collector or the Texas Department of Transportation may refuse to register a motor vehicle alleged to have been involved in the violation.

SECTION 13. Section 707.018, Transportation Code, is amended to read as follows:

Sec. 707.018. IMPOSITION OF CIVIL PENALTY OR COURSE REQUIREMENT NOT A CONVICTION. The imposition of a civil penalty or a requirement to complete an intersection safety course under this chapter is not a conviction and may not be considered a conviction for any purpose.

SECTION 14. Section 707.019(a), Transportation Code, is amended to read as follows:

(a) If the owner of the motor vehicle fails to timely pay the amount of the civil penalty imposed against the owner or to complete a required intersection safety course:

(1) an arrest warrant may not be issued for the owner; and

(2) the imposition of the civil penalty or requirement to complete an intersection safety course may not be recorded on the owner's driving record.

SECTION 15. Section 1001.002, Education Code, is amended by adding Subsection (d) to read as follows:

(d) An intersection safety course required by a local authority under Section 707.002, Transportation Code, is exempt from this chapter.

SECTION 16. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.