Honorable Joseph Pickett, Chair, House Committee on Transportation
FROM:
Ursula Parks, Director, Legislative Budget Board
IN RE:
SB714 by Hall (Relating to the use of automated traffic control systems and photographic traffic signal enforcement systems.), As Engrossed
Estimated Two-year Net Impact to General Revenue Related Funds for SB714, As Engrossed: an impact of $0 through the biennium ending August 31, 2017.
However, there would be an estimated revenue loss of ($32,206,000) to Regional Trauma Account 5137 in the 2016-17 biennium.
Fiscal Year
Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2016
$0
2017
$0
2018
$0
2019
$0
2020
$0
Fiscal Year
Probable Revenue Gain/(Loss) from Regional Trauma Account 5137
Probable Revenue Gain/(Loss) from Local Authorities
2016
($16,103,000)
($16,103,000)
2017
($16,103,000)
($16,103,000)
2018
($16,103,000)
($16,103,000)
2019
($16,103,000)
($16,103,000)
2020
($16,103,000)
($16,103,000)
Fiscal Analysis
The bill would amend the Transportation, Government, and Local Government Codes relating to the authority of a local governing body to impose a civil penalty for certain violations recorded by a traffic camera.
The bill would amend Section 542.2035 of the Transportation Code to prohibit a local government authority from implementing or operating an automated traffic control system for a purpose other than toll enforcement. The bill would allow the use of an automated traffic control system for law enforcement purposes, provided the system is used to monitor traffic offenses; is handheld or mounted on a law enforcement vehicle; and is actively monitored on site by a law enforcement officer.
The bill would re-title Chapter 707 of the Transportation Code to "Photographic Traffic Signal Enforcement System Prohibited", and amend the definition of photographic traffic signal enforcement system. The bill would add Sections 707.0015 and 707.0016 excepting photographic toll traffic enforcement and photographic law enforcement, under certain conditions, from the provisions of this chapter.
The bill would add Section 707.020 prohibiting the state or any political subdivision of the state from issuing a civil or criminal charge or citation for a violation based on a recorded image produced by a photographic traffic signal enforcement system.
The bill would amend Section 27.031(a) of the Government Code to remove cases arising under Chapter 707 of the Transportation Code, regarding photographic traffic signals, from the cases for which a justice court has original jurisdiction.
The bill would amend Section 133.004 of the Local Government Code to remove civil fees collected by a local authority for compliance with a traffic control signal from the civil fees to which this chapter applies.
The bill would repeal Section 29.003(g) of the Government Code, and Sections 542.405, 542.406, 544.012, and certain sections of Chapter 707 of the Transportation Code.
The bill would take effect immediately upon receiving two-thirds votes in both houses; otherwise, it would take effect September 1, 2015.
Methodology
Currently 50 percent of the fines collected for traffic violations relating to traffic cameras are deposited to the credit of GR Account 5137-Regional Trauma, and the remaining collections are used by local authorities to fund traffic safety programs. The estimated fiscal impacts were based on the 2016-17 Biennial Revenue Estimate.
Local Government Impact
The revenue loss to each affected local government entity would vary depending on the number of systems in place and the number of traffic violations enforced through the photographic system.
Source Agencies:
304 Comptroller of Public Accounts, 701 Central Education Agency, 212 Office of Court Administration, Texas Judicial Council, 302 Office of the Attorney General, 537 State Health Services, Department of, 601 Department of Transportation, 454 Department of Insurance, 529 Health and Human Services Commission