|
|
|
A BILL TO BE ENTITLED
|
|
AN ACT
|
|
relating to the authority of certain transportation and transit |
|
authorities to enforce compliance with high occupancy vehicle lane |
|
restrictions by an automated enforcement system; providing for the |
|
imposition of penalties. |
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
SECTION 1. Subchapter B, Chapter 451, Transportation Code, |
|
is amended by adding Section 451.0615 to read as follows: |
|
Sec. 451.0615. 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(4). |
|
(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 |
|
state or county. |
|
(b) A board by resolution may implement an automated |
|
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) The resolution adopted under this section must: |
|
(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) 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; |
|
(5) 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; |
|
(6) allow for the use of images recorded by the |
|
automated enforcement system authorized by this section; and |
|
(7) provide for other procedures the board determines |
|
are necessary for the imposition of a penalty authorized by this |
|
section. |
|
(d) The images produced from an automated enforcement |
|
system may not be used to prosecute a criminal offense. |
|
SECTION 2. Subchapter B, Chapter 452, Transportation Code, |
|
is amended by adding Section 452.0615 to read as follows: |
|
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(4). |
|
(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 |
|
state or county. |
|
(b) This section applies only to an authority that: |
|
(1) consists of one subregion governed by a |
|
subregional board created under Subchapter O; and |
|
(2) has entered into an agreement with a governmental |
|
entity to: |
|
(A) operate a high occupancy vehicle lane; or |
|
(B) provide peace officers to enforce compliance |
|
with instructions for high occupancy vehicle lane restrictions. |
|
(c) A board by resolution may implement an automated |
|
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. |
|
(d) The resolution adopted under this section must: |
|
(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) 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; |
|
(5) 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; |
|
(6) allow for the use of images recorded by the |
|
automated enforcement system authorized by this section; and |
|
(7) provide for other procedures the board determines |
|
are necessary for the imposition of a penalty authorized by this |
|
section. |
|
(e) The images produced from an automated enforcement |
|
system may not be used to prosecute a criminal offense. |
|
SECTION 3. This Act takes effect September 1, 2009. |