LEGISLATIVE BUDGET BOARD
Austin, Texas
 
FISCAL NOTE, 84TH LEGISLATIVE REGULAR SESSION
 
April 14, 2015

TO:
Honorable Robert Nichols, Chair, Senate 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.), Committee Report 1st House, Substituted



Estimated Two-year Net Impact to General Revenue Related Funds for SB714, Committee Report 1st House, Substituted: a positive impact of $96,488,000 through the biennium ending August 31, 2017.

The General Revenue gain of $96,488,000 is a result of the bill's abolition of GR Account 5137 which would result in the account's balance being deposited to the credit of the General Revenue Fund as of the effective date of the bill; it is not a net gain to certification.



Fiscal Year Probable Net Positive/(Negative) Impact to General Revenue Related Funds
2016 $96,488,000
2017 $0
2018 $0
2019 $0
2020 $0




Fiscal Year Probable Revenue Gain/(Loss) from
General Revenue Fund
1
Probable Revenue Gain/(Loss) from
Regional Trauma Account
5137
Probable Revenue Gain/(Loss) from
Cities
2016 $96,488,000 ($112,591,000) ($16,103,000)
2017 $0 ($16,103,000) ($16,103,000)
2018 $0 ($16,103,000) ($16,103,000)
2019 $0 ($16,103,000) ($16,103,000)
2020 $0 ($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 collecting or enforcing a toll.
 
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 new Section 707.0015 excepting photographic toll traffic enforcement from the provisions of this chapter.  The bill would add new Section 707.020 prohibiting the state or a 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 Chapter 782 of the Health and Safety Code, abolishing GR Account 5137-Regional Trauma.
 
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, to make conforming changes relating to automated traffic control systems.
 
The bill 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.  Without specific language in the bill, the abolition of GR Account 5137 would, assuming there are no encumbrances, result in the account's balance being deposited to the credit of the General Revenue Fund as of the effective date of the bill.  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.

The City of Fort Worth reported a total estimated revenue loss of $6.3 million in Fiscal Year (FY) 2016; and similar losses ranging from $5.8 to $5.0 million in FY 2017- FY 2020.
 
The City of Plano reported a total estimated revenue loss of $1.3 million in FY 2016 and $1.4 million in FY 2017-2020.
 
The City of Sugar Land reported a total estimated revenue loss of $504,959 in FY 2016; and similar losses ranging from $520,108 to $568,336 in FY 2017- FY 2020.
 
The City of Grand Prairie reported a total estimated revenue loss of $2.4 million per year as a result of the provisions of the bill.


Source Agencies:
304 Comptroller of Public Accounts, 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
LBB Staff:
UP, AG, SD, EK, VJC, TBo, MW, CH