By: Carona  S.B. No. 1508
         (In the Senate - Filed March 9, 2009; March 17, 2009, read
  first time and referred to Committee on Transportation and Homeland
  Security; April 8, 2009, reported adversely, with favorable
  Committee Substitute by the following vote:  Yeas 9, Nays 0;
  April 8, 2009, sent to printer.)
 
  COMMITTEE SUBSTITUTE FOR S.B. No. 1508 By:  Carona
 
 
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.
               (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)  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.
         (d)  Except as provided by Subsection (e), an image produced
  by an automated enforcement system may not be used to prosecute a
  criminal offense.
         (e)  An image produced by an automated enforcement system may
  be used to prosecute a criminal offense defined by Chapter 19, 20,
  20A, 31, 38, or 49, Penal Code.
         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.
               (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)  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.
         (e)  Except as provided by Subsection (f), an image produced
  by an automated enforcement system may not be used to prosecute a
  criminal offense.
         (f)  An image produced by an automated enforcement system may
  be used to prosecute a criminal offense defined by Chapter 19, 20,
  20A, 31, 38, or 49, Penal Code.
         SECTION 3.  This Act takes effect September 1, 2009.
 
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