By: Elkins H.B. No. 1131
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to prohibiting the use of photographic traffic signal
  enforcement systems.
         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. PROHIBITING PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
  SYSTEMS [SYSTEM]
         SECTION 2.  Sections 707.001(3) and (4), Transportation
  Code, are amended to read as follows:
               (3)  "Photographic traffic signal enforcement system"
  means a device or system that:
                     (A)  consists of a camera system and vehicle
  sensor that:
                           (i)  is installed to exclusively work in
  conjunction with an electrically operated traffic-control signal;
  and
                           (ii) [(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 traffic-control signal or
  the operator of such a vehicle; or
                     (B)  consists of a radar unit or sensor linked to:
                           (i)  a camera or other recording device that
  produces or is capable of producing one or more photographs,
  microphotographs, videotapes, or digital or other recorded images
  of a motor vehicle's license plates or its operator; or 
                           (ii)  a device that is capable of reading a
  motor vehicle's license plate or otherwise identifying a motor
  vehicle.
               (4)  "Recorded image" means a photographic or digital
  image that depicts the front or the rear of a motor vehicle or the
  motor vehicle's operator.
         SECTION 3.  Sections 707.002, 707.003, and 707.004,
  Transportation Code, are amended to read as follows:
         Sec. 707.002.  USE OF PHOTOGRAPHIC TRAFFIC SIGNAL
  ENFORCEMENT SYSTEMS PROHIBITED. No traffic complaint, notice of
  violation, or other form of civil or criminal charge or citation
  shall be issued or filed in any court of this state for an alleged
  violation of this title or of any other state, county, or municipal
  law relating to the operation of a motor vehicle if the alleged
  violation was detected through the use of a photographic traffic
  signal enforcement system. [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).]
         Sec. 707.003.  IMPOSITION OF COSTS FOR VIOLATION OF THIS
  CHAPTER. Any state, county, municipality, or local authority that
  issues a complaint, a notice of violation, or another form of civil
  or criminal charge or citation arising from the use of a
  photographic traffic signal enforcement system shall be liable for
  the costs, including any reasonable attorney's fees, incurred by an
  owner or operator of a motor vehicle who receives such complaint,
  notice of violation, or other form of civil or criminal charge or
  citation. [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 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)     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.
         [(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).
         [(g)     The local authority shall install signs along each
  roadway that leads to an intersection at which a photographic
  traffic signal enforcement system is in active use. The signs must
  be at least 100 feet from the intersection or located according to
  standards established in the manual adopted by the Texas
  Transportation Commission under Section 544.001, be easily
  readable to any operator approaching the intersection, and clearly
  indicate the presence of a photographic 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.]
         Sec. 707.004.  CONFLICT WITH OTHER LAWS. In the event of a
  conflict between this chapter and a provision of any other law
  relating to photographic traffic signal enforcement systems, this
  chapter controls to the extent of the conflict. [REPORT OF
  ACCIDENTS. (a)     In this section, "department" means the Texas
  Department of Transportation.
         [(b)     Before installing a photographic traffic signal
  enforcement system at 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 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 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.
         [(e)     The report must be in writing in the form prescribed by
  the department.
         [(f)     Not later than December 1 of each year, the department
  shall publish the information submitted by a local authority under
  Subsection (d).]
         SECTION 4.  Sections 707.0021, 707.005, 707.006, 707.007,
  707.008, 707.009, 707.010, 707.011, 707.012, 707.013, 707.014,
  707.015, 707.016, 707.017, 707.018, and 707.019, Transportation
  Code, are repealed.
         SECTION 5.  The change in law made by this Act applies only
  to a traffic violation that occurs on or after the effective date of
  this Act. A violation committed before the effective date of this
  Act is governed by the law in effect on the date the violation was
  committed, and the former law is continued in effect for that
  purpose. For purposes of this section, a violation was committed
  before the effective date of this Act if any element of the
  violation occurred before that date.
         SECTION 6.  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, 2015.