Bill Text: TX HB689 | 2013-2014 | 83rd Legislature | Introduced

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Bill Title: Relating to the use of a photographic traffic enforcement system at a railroad crossing.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2013-02-18 - Referred to Transportation [HB689 Detail]

Download: Texas-2013-HB689-Introduced.html

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83R2171 JTS-D
By: Marquez H.B. No. 689

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. Section 707.001, Transportation Code, is amended
by adding Subdivision (1-a) and amending Subdivision (3) to read as
follows:
(1-a) "Official traffic-control device" has the
meaning assigned by Section 541.304.
(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, including a
traffic-control 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].
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:
(A) [,] while facing only a steady red signal
displayed by an electrically operated traffic-control signal
located at a highway intersection 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); or
(B) the vehicle is operated in violation of the
instructions of an official traffic-control device that instructs
traffic at a railroad crossing to stop for an approaching or
crossing train.
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 or railroad
crossing 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 or
crossing is likely to reduce the number of red light violations at
the intersection or crossing.
(d) A highway [An] intersection or railroad crossing
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
official traffic-control device [red light] violations at the
intersection or crossing, 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), 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 or railroad
crossing approach, the local authority shall compile a written
report of the number and type of traffic accidents that have
occurred at the intersection or crossing 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 or railroad crossing, 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 or railroad
crossing approach, the local authority shall monitor and annually
report to the department the number and type of traffic accidents at
the intersection or crossing 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.