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  By: Carona S.B. No. 1119
 
 
 
   
 
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a local authority to implement a
photographic traffic signal enforcement system; providing for the
imposition of civil penalties.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  Subtitle I, Title 7, Transportation Code, is
amended by adding Chapter 707 to read as follows:
CHAPTER 707.  PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEM
       Sec. 707.001.  DEFINITIONS. In this chapter:
             (1)  "Local authority" has the meaning assigned by
Section 541.002.
             (2)  "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Transportation or the analogous department
or agency of another state or country.
             (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 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 traffic-control signal.
             (4)  "Recorded image" means a photographic or digital
image that depicts the front or the rear of a motor vehicle.
             (5)  "Traffic-control signal" has the meaning assigned
by Section 541.304.
       Sec. 707.002.  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.  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 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).
       Sec. 707.004.  REQUIRED ORDINANCE PROVISIONS. An ordinance
adopted under Section 707.002 must provide that a person against
whom the local authority seeks to impose a civil penalty is entitled
to a hearing and shall:
             (1)  provide for the period in which the hearing must be
held;
             (2)  provide for the appointment of a hearing officer
with authority to administer oaths and issue orders compelling the
attendance of witnesses and the production of documents; and
             (3)  designate the department, agency, or office of the
local authority responsible for the enforcement and administration
of the ordinance or provide that the entity with which the local
authority contracts under Section 707.003(a)(1) is responsible for
the enforcement and administration of the ordinance.
       Sec. 707.005.  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 Section 544.007(d) in the manner prescribed by
Chapter 543; or
             (2)  prohibit a peace officer from arresting a violator
of Section 544.007(d) as provided by Chapter 543 or from issuing the
violator a citation and notice to appear as provided by 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.
       Sec. 707.006.  NOTICE OF VIOLATION; CONTENTS. (a)  The
imposition of a civil penalty under this chapter is initiated by the
mailing of a notice of violation to the owner of the motor vehicle
against whom the local authority seeks to impose the civil penalty.
       (b)  Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department, agency, or
office of the local authority or the entity with which the local
authority contracts under Section 707.003(a)(1) shall mail the
notice of violation to the owner at:
             (1)  the owner's address as shown on the registration
records of the Texas Department of Transportation; or
             (2)  if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Transportation.
       (c)  The notice of violation must contain:
             (1)  a description of the violation alleged;
             (2)  the location of the intersection 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.
       (d)  A notice of violation is presumed to have been received
on the fifth day after the date the notice is mailed.
       Sec. 707.007.  ADMISSION OF LIABILITY. A person who fails to
pay the civil penalty or to contest liability for the penalty in a
timely manner or who requests an administrative adjudication
hearing to contest the imposition of the civil penalty against the
person and fails to appear at that hearing is considered to:
             (1)  admit liability for the full amount of the civil
penalty stated in the notice of violation mailed to the person; and
             (2)  waive the person's right to appeal the imposition
of the civil penalty.
       Sec. 707.008.  PRESUMPTION. (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.
       (c)  Notwithstanding Section 707.009, the presentation of
evidence under Subsection (b) by a person who is in the business of
selling, renting, or leasing motor vehicles or did not own the
vehicle at the time of the violation must be made by affidavit,
through testimony at the administrative adjudication hearing under
Section 707.009, or by a written declaration under penalty of
perjury.  The affidavit or written declaration may be submitted by
mail to the local authority or the entity with which the local
authority contracts under Section 707.003(a)(1).
       (d)  If the presumption established by Subsection (a) is
rebutted under Subsection (b), a civil penalty may not be imposed on
the owner of the vehicle or the person named in the notice of
violation, as applicable.
       (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.
       Sec. 707.009.  ADMINISTRATIVE ADJUDICATION HEARING. (a)  A
person who receives a notice of violation under this chapter may
contest the imposition of the civil penalty specified in the notice
of violation by filing a written request for an administrative
adjudication hearing. The request for a hearing must be filed on or
before the date specified in the notice of violation, which may not
be earlier than the 30th day after the date the notice of violation
was mailed.
       (b)  On receipt of a timely request for an administrative
adjudication hearing, the local authority shall notify the person
of the date and time of the hearing.
       (c)  A hearing officer designated by the governing body of
the local authority shall conduct the administrative adjudication
hearing.
       (d)  In an administrative adjudication hearing, the issues
must be proven by a preponderance of the evidence.
       (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.
       (f)  An affidavit of an officer or employee of the local
authority or entity that alleges a violation based on an inspection
of the applicable recorded image is:
             (1)  admissible in the administrative adjudication
hearing and in an appeal under Section 707.011; and
             (2)  evidence of the facts contained in the affidavit.
       (g)  At the conclusion of the administrative adjudication
hearing, the hearing officer shall enter a finding of liability for
the civil penalty or a finding of no liability for the civil
penalty. A finding under this subsection must be in writing and be
signed and dated by the hearing officer.
       (h)  A finding of liability for a civil penalty must specify
the amount of the civil penalty for which the person is liable. If
the hearing officer enters a finding of no liability, a civil
penalty for the violation may not be imposed against the person.
       (i)  A finding of liability or a finding of no liability
entered under this section may:
             (1)  be filed with the clerk or secretary of the local
authority or with a person designated by the governing body of the
local authority; and
             (2)  be recorded on microfilm or microfiche or using
data processing techniques.
       Sec. 707.010.  UNTIMELY REQUEST FOR ADMINISTRATIVE
ADJUDICATION HEARING. Notwithstanding any other provision of this
chapter, a person who receives a notice of violation under this
chapter and who fails to timely pay the amount of the civil penalty
or fails to timely request an administrative adjudication hearing
is entitled to an administrative adjudication hearing if:
             (1)  the person submits a written request for the
hearing to the designated hearing officer, accompanied by an
affidavit that attests to the date on which the person received the
notice of violation; and
             (2)  the written request and affidavit are submitted to
the hearing officer within the same number of days after the date
the person received the notice of violation as specified under
Section 707.006(c)(8).
       Sec. 707.011.  APPEAL. (a)  The owner of a motor vehicle
determined by a hearing officer to be liable for a civil penalty may
appeal that determination to a judge by filing an appeal petition
with the clerk of the court.  The petition must be filed with:
             (1)  a justice court of the county in which the local
authority is located; or
             (2)  if the local authority is a municipality, the
municipal court of the municipality.
       (b)  The petition must be:
             (1)  filed before the 31st day after the date on which
the administrative adjudication hearing officer entered the
finding of liability for the civil penalty; and
             (2)  accompanied by payment of the costs required by
law for the court.
       (c)  The court clerk shall schedule a hearing and notify the
owner of the motor vehicle and the appropriate department, agency,
or office of the local authority of the date, time, and place of the
hearing.
       (d)  Unless the owner of the vehicle, before filing the
appeal petition, posts a bond in the amount of the civil penalty
with the clerk of the court, an appeal does not stay enforcement or
collection of the civil penalty imposed against that owner.
       (e)  An appeal under this section shall be determined by the
court by trial de novo.
       Sec. 707.012.  ENFORCEMENT.  If the owner of a motor vehicle
is delinquent in the payment of a civil penalty imposed under this
chapter, the county assessor-collector or the Texas Department of
Transportation may refuse to register a motor vehicle alleged to
have been involved in the violation.
       Sec. 707.013.  IMPOSITION OF CIVIL PENALTY CONVICTION FOR
PURPOSES OF DRIVER RESPONSIBILITY PROGRAM.  (a)  Except as provided
by Subsection (b), the imposition of a civil penalty under this
chapter is not a conviction and may not be considered a conviction
for any purpose.
       (b)  The imposition of a civil penalty under this chapter is
a conviction for the purposes of Chapter 708.
       Sec. 707.014.  MINIMUM CHANGE INTERVAL.  At an intersection
at which a photographic traffic 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.
       Sec. 707.015.  FAILURE TO PAY CIVIL PENALTY.  (a)  If the
owner of the motor vehicle fails to timely pay the amount of the
civil penalty imposed against the owner:
             (1)  an arrest warrant may not be issued for the owner;
and
             (2)  the imposition of the civil penalty may not be
recorded on the owner's driving record.
       (b)  Notice of Subsection (a) must be included in the notice
of violation required by Section 707.006(c).
       SECTION 2.  Subsection (a), Section 27.031, Government Code,
is amended to read as follows:
       (a)  In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
             (1)  civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $5,000, exclusive of interest;
             (2)  cases of forcible entry and detainer; [and]
             (3)  foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction; and
             (4)  cases arising under Chapter 707, Transportation
Code, outside a municipality's territorial limits.
       SECTION 3.  Section 29.003, Government Code, is amended by
adding Subsection (g) to read as follows:
       (g)  A municipal court, including a municipal court of
record, shall have exclusive appellate jurisdiction within the
municipality's territorial limits in a case arising under Chapter
707, Transportation Code.
       SECTION 4.  Section 707.003, Transportation Code, as added
by this Act, applies only to a contract entered into on or after the
effective date of this Act.
       SECTION 5.  (a)  Except as provided by Subsection (b) of
this section, this Act takes effect September 1, 2007.
       (b)  This Act takes effect only if Senate Bill No. 125, Acts
of the 80th Legislature, Regular Session, 2007, is enacted and
becomes law.