81R8886 SLB-F

By: Phillips 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 driving safety course.

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

SECTION 1. Section 707.001, Transportation Code, is amended by amending Subdivision (1) and adding Subdivision (1-a) to read as follows:

(1) "Civil penalty" includes the imposition of a monetary penalty and the requirement to complete an intersection driving safety course approved by the governing body of the local authority, if the local authority has enacted an ordinance that imposes such a requirement.

(1-a) "Local authority" has the meaning assigned by Section 541.002.

SECTION 2. Section 707.002, Transportation Code, is amended to read as follows:

Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. 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). In addition to a monetary penalty, the local authority may require that the owner of the motor vehicle successfully complete an intersection driving safety course described by Section 707.0025.

SECTION 3. Chapter 707, Transportation Code, is amended by adding Section 707.0025 to read as follows:

Sec. 707.0025. INTERSECTION DRIVING SAFETY COURSE. An approved intersection driving safety course must provide:

(1) at least three hours of classroom instruction; and

(2) information about:

(A) traffic laws of this state;

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

(C) pedestrian safety, including information about crosswalks.

SECTION 4. Section 707.011(c), Transportation Code, is amended to read as follows:

(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 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 if the person fails to complete a required intersection driving 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 in an administrative adjudication hearing;

(B) that imposition of the civil penalty 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 driving 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 driving safety course.

SECTION 5. 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 driving safety course, or to contest liability for the penalty in a timely manner or who requests an administrative adjudication hearing to contest the imposition of the civil penalty 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 6. 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 driving 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 7. 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 driving 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 8. Section 1001.002, Education Code, is amended by adding Subsection (d) to read as follows:

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

SECTION 9. 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.