83R1914 JTS-F

By: Rodriguez S.B. No. 335

A BILL TO BE ENTITLED

AN ACT

relating to the use of a photographic traffic enforcement system at a railroad crossing.

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

SECTION 1. The heading to Chapter 707, Transportation Code, is amended to read as follows:

CHAPTER 707. PHOTOGRAPHIC TRAFFIC [SIGNAL]

ENFORCEMENT SYSTEM

SECTION 2. Sections 707.001(3) and (5), Transportation Code, are amended to read as follows:

(3) "Photographic traffic [signal] enforcement system" means a system that:

(A) consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated official traffic-control device [signal]; and

(B) is capable of producing at least two recorded images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the official traffic-control device [signal].

(5) "Official traffic-control device [Traffic-control signal]" has the meaning assigned by Section 541.304.

SECTION 3. 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:

(1) implement a photographic traffic [signal] enforcement system at a highway intersection or railroad crossing; and

(2) 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 the official [that] traffic-control device for which the enforcement system is installed [signal, as specified by Section 544.007(d)].

SECTION 4. Section 707.003, Transportation Code, is amended to read as follows:

Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC TRAFFIC [SIGNAL] ENFORCEMENT SYSTEM. (a) A local authority that implements a photographic traffic [signal] enforcement system under this chapter may:

(1) contract for the administration and enforcement of the system; and

(2) install and operate the system or contract for the installation or operation of the system.

(b) A local authority that contracts for the administration and enforcement of a photographic traffic [signal] enforcement system may not agree to pay the contractor a specified percentage of, or dollar amount from, each civil penalty collected.

(c) Before installing a photographic traffic [signal] enforcement system at a highway [an] intersection approach, the local authority shall conduct a traffic engineering study of the approach to determine whether, in addition to or as an alternative to the system, a design change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersection.

(d) A highway [An] intersection approach must be selected for the installation of a photographic traffic [signal] enforcement system based on traffic volume, the history of accidents at the approach, the number or frequency of red light violations at the intersection, and similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach is located.

(d-1) A railroad crossing may be selected for the installation of a photographic traffic enforcement system if it is equipped with a device to notify traffic of railroad tracks or an approaching railroad train.

(e) A local authority shall report results of the traffic engineering study required by Subsection (c) to a citizen advisory committee consisting of one person appointed by each member of the governing body of the local authority. The committee shall advise the local authority on the installation and operation of a photographic traffic [signal] enforcement system established under this chapter.

(f) A local authority may not impose a civil penalty under this chapter on the owner of a motor vehicle if the local authority violates Subsection (b), [or] (c), or (g).

(g) The local authority shall install signs along each roadway that leads to a highway [an] intersection or railroad crossing at which a photographic traffic [signal] enforcement system is in active use. The signs must:

(1) be located:

(A) at least 100 feet from the intersection or crossing; or

(B) [located] according to standards established in the manual adopted by the Texas Transportation Commission under Section 544.001;

(2)[,] be easily readable to any operator approaching the intersection or crossing;[,] and

(3) clearly indicate the presence of a photographic traffic enforcement [monitoring] system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty.

(h) A local authority or the person with which the local authority contracts for the administration and enforcement of a photographic traffic [signal] enforcement system may not provide information about a civil penalty imposed under this chapter to a credit bureau, as defined by Section 392.001, Finance Code.

SECTION 5. Sections 707.004(b), (c), and (d), Transportation Code, are amended to read as follows:

(b) Before installing a photographic traffic [signal] enforcement system at a highway [an] intersection approach, the local authority shall compile a written report of the number and type of traffic accidents that have occurred at the intersection for a period of at least 18 months before the date of the report.

(c) Not later than six months after the date of the installation of the photographic traffic [signal] enforcement system at a highway [the] intersection, the local authority shall provide the department a copy of the report required by Subsection (b).

(d) After installing a photographic traffic [signal] enforcement system at a highway [an] intersection approach, the local authority shall monitor and annually report to the department the number and type of traffic accidents at the intersection to determine whether the system results in a reduction in accidents or a reduction in the severity of accidents.

SECTION 6. Section 707.005, Transportation Code, is amended to read as follows:

Sec. 707.005. MINIMUM CHANGE INTERVAL. At a highway [an] intersection at which a photographic traffic enforcement [monitoring] system is in use, the minimum change interval for a steady yellow signal must be established in accordance with the Texas Manual on Uniform Traffic Control Devices.

SECTION 7. Sections 707.006(a) and (b), Transportation Code, are amended to read as follows:

(a) A local authority shall operate a photographic traffic [control signal] enforcement system only for the purpose of detecting a violation or suspected violation of an official [a] traffic-control device [signal].

(b) A person commits an offense if the person uses a photographic traffic [signal] enforcement system to produce a recorded image other than in the manner and for the purpose specified by this chapter.

SECTION 8. Section 707.007, Transportation Code, is amended to read as follows:

Sec. 707.007. AMOUNT OF CIVIL PENALTY; LATE PAYMENT PENALTY. If a local authority enacts an ordinance to enforce compliance with the instructions of an official [a] traffic-control device [signal] by the imposition of a civil or administrative penalty, the amount of:

(1) the civil or administrative penalty may not exceed $75; and

(2) a late payment penalty may not exceed $25.

SECTION 9. Sections 707.008(a) and (b), Transportation Code, are amended to read as follows:

(a) Not later than the 60th day after the end of a local authority's fiscal year, after deducting amounts the local authority is authorized by Subsection (b) to retain, the local authority shall:

(1) send 50 percent of the revenue derived from civil or administrative penalties collected by the local authority under this chapter [section] to the comptroller for deposit to the credit of the regional trauma account established under Section 782.002, Health and Safety Code; and

(2) deposit the remainder of the revenue in a special account in the local authority's treasury that may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, highway intersection or railroad crossing improvements, and traffic enforcement.

(b) A local authority may retain an amount necessary to cover the costs of:

(1) purchasing or leasing equipment that is part of or used in connection with the photographic traffic [signal] enforcement system in the local authority;

(2) installing the photographic traffic [signal] enforcement system at sites in the local authority, including the costs of installing cameras, flashes, computer equipment, loop sensors, detectors, utility lines, data lines, poles and mounts, networking equipment, and associated labor costs;

(3) operating the photographic traffic [signal] enforcement system in the local authority, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by employees of the local authority, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and

(4) maintaining the general upkeep and functioning of the photographic traffic [signal] enforcement system.

SECTION 10. Section 707.010, Transportation Code, is amended to read as follows:

Sec. 707.010. EFFECT ON OTHER ENFORCEMENT. (a) The implementation of a photographic traffic [signal] enforcement system by a local authority under this chapter does not:

(1) preclude the application or enforcement in the local authority of provisions governing violation of the instructions of an official traffic-control device at a highway intersection or railroad crossing [Section 544.007(d)] in the manner prescribed by Chapter 543; or

(2) prohibit a peace officer from:

(A) arresting a violator of a provision governing violation of the instructions of an official traffic-control device at a highway intersection or railroad crossing [Section 544.007(d)] as provided by Chapter 543, if the peace officer personally witnesses the violation;[,] or

(B) [from] issuing the violator a citation and notice to appear as provided by Chapter 543 [that chapter].

(b) A local authority may not impose a civil penalty 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 11. 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 highway intersection or railroad crossing 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 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;

(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 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.

SECTION 12. Sections 707.013(a), (b), and (e), Transportation Code, are amended to read as follows:

(a) It is presumed that the owner of the motor vehicle committed the violation alleged in the notice of violation mailed to the person if the motor vehicle depicted in a photograph or digital image taken by a photographic traffic [signal] enforcement system belongs to the owner of the motor vehicle.

(b) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in a photograph or digital image taken by a photographic traffic [signal] enforcement system was owned by a person in the business of selling, renting, or leasing motor vehicles or by a person who was not the person named in the notice of violation, the presumption under Subsection (a) is rebutted on the presentation of evidence establishing that the vehicle was at that time:

(1) being test driven by another person;

(2) being rented or leased by the vehicle's owner to another person; or

(3) owned by a person who was not the person named in the notice of violation.

(e) If, at the time of the violation alleged in the notice of violation, the motor vehicle depicted in the photograph or digital image taken by the photographic traffic [signal] enforcement system was owned by a person in the business of renting or leasing motor vehicles and the vehicle was being rented or leased to an individual, the owner of the motor vehicle shall provide to the local authority or the entity with which the local authority contracts under Section 707.003(a)(1) the name and address of the individual who was renting or leasing the motor vehicle depicted in the photograph or digital image and a statement of the period during which that individual was renting or leasing the vehicle. The owner shall provide the information required by this subsection not later than the 30th day after the date the notice of violation is received. If the owner provides the required information, it is presumed that the individual renting or leasing the motor vehicle committed the violation alleged in the notice of violation and the local authority or contractor may send a notice of violation to that individual at the address provided by the owner of the motor vehicle.

SECTION 13. Section 707.014(e), Transportation Code, is amended to read as follows:

(e) The reliability of the photographic traffic [signal] enforcement system used to produce the recorded image of the motor vehicle involved in the violation may be attested to by affidavit of an officer or employee of the local authority or of the entity with which the local authority contracts under Section 707.003(a)(1) who is responsible for inspecting and maintaining the system.

SECTION 14. Section 133.004, Local Government Code, as amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149 (S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007, is reenacted and amended to read as follows:

Sec. 133.004. CIVIL FEES. This chapter applies to the following civil fees:

(1) the consolidated fee on filing in district court imposed under Section 133.151;

(2) the filing fee in district court for basic civil legal services for indigents imposed under Section 133.152;

(3) the filing fee in courts other than district court for basic civil legal services for indigents imposed under Section 133.153;

(4) the filing fees for the judicial fund imposed in certain statutory county courts under Section 51.702, Government Code;

(5) the filing fees for the judicial fund imposed in certain county courts under Section 51.703, Government Code;

(6) the filing fees for the judicial fund imposed in statutory probate courts under Section 51.704, Government Code;

(7) fees collected under Section 118.015;

(8) marriage license fees for the family trust fund collected under Section 118.018;

(9) marriage license or declaration of informal marriage fees for the child abuse and neglect prevention trust fund account collected under Section 118.022;

(10) the filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154; and

[(11) the portion of the civil or administrative penalty described by Section 542.406(c)(1), Transportation Code, imposed by a local authority to enforce compliance with the instructions of a traffic-control signal;]

(11) the portion of the civil or administrative penalty described by Section 707.008(a)(1), Transportation Code, imposed by a local authority to enforce compliance with the instructions of an official [a] traffic-control device [signal].

SECTION 15. The following provisions are repealed:

(1) Section 782.002(b), Health and Safety Code, as added by Chapter 1027 (H.B. 1623), Acts of the 80th Legislature, Regular Session, 2007;

(2) Section 782.003(a), Health and Safety Code, as added by Chapter 1027 (H.B. 1623), Acts of the 80th Legislature, Regular Session, 2007; and

(3) Sections 542.405, 542.406, and 544.012, Transportation Code.

SECTION 16. This Act takes effect September 1, 2013.