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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of certain transportation and transit |
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authorities to enforce compliance with high occupancy vehicle lane |
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restrictions by an automated enforcement system; providing for the |
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imposition of penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 451, Transportation Code, |
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is amended by adding Section 451.0615 to read as follows: |
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Sec. 451.0615. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES. |
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(a) In this section: |
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(1) "Automated enforcement system" means a system |
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that: |
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(A) consists of a camera or other electrical or |
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mechanical device that produces photographic, electronic, video, |
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or digital images of a motor vehicle; and |
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(B) is used to enforce compliance with |
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instructions for high occupancy vehicle lane restrictions. |
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(2) "High occupancy vehicle lane" has the meaning |
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assigned by Section 224.151. |
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(3) "Official traffic-control device" has the meaning |
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assigned by Section 541.304 and includes a traffic pylon and double |
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white lines on a highway. |
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(4) "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 department or the analogous department or agency of another |
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state or county. |
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(b) A board by resolution may implement an automated |
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enforcement system and provide that the owner of a motor vehicle, |
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other than an authorized emergency vehicle as defined by Section |
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541.201, is liable to the authority for a penalty if the vehicle is |
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operated in violation of the instructions of an official |
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traffic-control device regarding entering or exiting a high |
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occupancy vehicle lane. |
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(b-1) A resolution adopted under Subsection (b) may not |
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provide for the imposition of a penalty for a vehicle that is |
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operated in violation of the minimum number of persons requirement |
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for use of a high occupancy vehicle lane or for the purpose of |
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enforcing compliance with posted speed limits. |
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(c) The resolution adopted under this section must: |
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(1) provide for a penalty of not more than $100; |
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(2) authorize an attorney employed by the authority or |
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an attorney with whom the authority contracts to bring suit to |
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collect the penalty; |
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(3) provide for notice of the violation to the owner of |
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the motor vehicle that committed the violation; |
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(4) require that a peace officer commissioned by the |
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authority: |
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(A) review images produced by the automated |
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enforcement system to determine whether the vehicle was operated in |
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violation of the instructions of an official traffic-control device |
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regarding entering or exiting a high occupancy vehicle lane; and |
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(B) notarize the notice of violation before the |
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notice is mailed to the owner of the motor vehicle that committed |
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the violation; |
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(5) provide that a notice of violation is presumed to |
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have been received on the fifth day after the date the notice is |
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mailed if the notice was mailed to the owner of a motor vehicle; |
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(6) provide procedures by which the owner of the motor |
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vehicle may request an administrative adjudication hearing to |
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contest the imposition or the amount of the penalty; |
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(7) allow for the use of images produced by the |
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automated enforcement system authorized by this section; and |
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(8) provide for other procedures the board determines |
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are necessary for the imposition of a penalty authorized by this |
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section. |
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(d) Except as provided by Subsection (e), an image produced |
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by an automated enforcement system may not be used to prosecute a |
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criminal offense. |
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(e) An image produced by an automated enforcement system may |
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be used to prosecute a criminal offense defined by Chapter 19, 20, |
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20A, 31, 38, or 49, Penal Code. |
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(f) This section does not apply to an authority in which the |
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principal municipality has a population of more than 1.9 million. |
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SECTION 2. Subchapter B, Chapter 452, Transportation Code, |
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is amended by adding Section 452.0615 to read as follows: |
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Sec. 452.0615. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES. |
|
(a) In this section: |
|
(1) "Automated enforcement system" means a system |
|
that: |
|
(A) consists of a camera or other electrical or |
|
mechanical device that produces photographic, electronic, video, |
|
or digital images of a motor vehicle; and |
|
(B) is used to enforce compliance with |
|
instructions for high occupancy vehicle lane restrictions. |
|
(2) "High occupancy vehicle lane" has the meaning |
|
assigned by Section 224.151. |
|
(3) "Official traffic-control device" has the meaning |
|
assigned by Section 541.304 and includes a traffic pylon and double |
|
white lines on a highway. |
|
(4) "Owner of a motor vehicle" means the owner of a |
|
motor vehicle as shown on the motor vehicle registration records of |
|
the department or the analogous department or agency of another |
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state or county. |
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(b) This section applies only to an authority that: |
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(1) consists of one subregion governed by a |
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subregional board created under Subchapter O; and |
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(2) has entered into an agreement with a governmental |
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entity to: |
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(A) operate a high occupancy vehicle lane; or |
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(B) provide peace officers to enforce compliance |
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with instructions for high occupancy vehicle lane restrictions. |
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(c) A board by resolution may implement an automated |
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enforcement system and provide that the owner of a motor vehicle, |
|
other than an authorized emergency vehicle as defined by Section |
|
541.201, is liable to the authority for a penalty if the vehicle is |
|
operated in violation of the instructions of an official |
|
traffic-control device regarding entering or exiting a high |
|
occupancy vehicle lane. |
|
(c-1) A resolution adopted under Subsection (c) may not |
|
provide for the imposition of a penalty for a vehicle that is |
|
operated in violation of the minimum number of persons requirement |
|
for use of a high occupancy vehicle lane or for the purpose of |
|
enforcing compliance with posted speed limits. |
|
(d) The resolution adopted under this section must: |
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(1) provide for a penalty of not more than $100; |
|
(2) authorize an attorney employed by the authority or |
|
an attorney with whom the authority contracts to bring suit to |
|
collect the penalty; |
|
(3) provide for notice of the violation to the owner of |
|
the motor vehicle that committed the violation; |
|
(4) require that a peace officer commissioned by the |
|
authority: |
|
(A) review images produced by the automated |
|
enforcement system to determine whether the vehicle was operated in |
|
violation of the instructions of an official traffic-control device |
|
regarding entering or exiting a high occupancy vehicle lane; and |
|
(B) notarize the notice of violation before the |
|
notice is mailed to the owner of the motor vehicle that committed |
|
the violation; |
|
(5) provide that a notice of violation is presumed to |
|
have been received on the fifth day after the date the notice is |
|
mailed if the notice was mailed to the owner of a motor vehicle; |
|
(6) provide procedures by which the owner of the motor |
|
vehicle may request an administrative adjudication hearing to |
|
contest the imposition or the amount of the penalty; |
|
(7) allow for the use of images produced by the |
|
automated enforcement system authorized by this section; and |
|
(8) provide for other procedures the board determines |
|
are necessary for the imposition of a penalty authorized by this |
|
section. |
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(e) Except as provided by Subsection (f), an image produced |
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by an automated enforcement system may not be used to prosecute a |
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criminal offense. |
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(f) An image produced by an automated enforcement system may |
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be used to prosecute a criminal offense defined by Chapter 19, 20, |
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20A, 31, 38, or 49, Penal Code. |
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SECTION 3. This Act takes effect September 1, 2009. |