81R8886 SLB-F
By: Phillips H.B. No. 3558
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a local authority to require a person
who violates a photographic traffic signal enforcement system to
take an intersection driving safety course.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 707.001, Transportation Code, is amended
by amending Subdivision (1) and adding Subdivision (1-a) to read as
follows:
(1) "Civil penalty" includes the imposition of a
monetary penalty and the requirement to complete an intersection
driving safety course approved by the governing body of the local
authority, if the local authority has enacted an ordinance that
imposes such a requirement.
(1-a) "Local authority" has the meaning assigned by
Section 541.002.
SECTION 2. 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 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). In addition to a monetary penalty, the local
authority may require that the owner of the motor vehicle
successfully complete an intersection driving safety course
described by Section 707.0025.
SECTION 3. Chapter 707, Transportation Code, is amended by
adding Section 707.0025 to read as follows:
Sec. 707.0025. INTERSECTION DRIVING SAFETY COURSE. An
approved intersection driving safety course must provide:
(1) at least three hours of classroom instruction; and
(2) information about:
(A) traffic laws of this state;
(B) defensive driving techniques, including
information about recommended vehicle speeds and the definition of
a traffic-control signal; and
(C) pedestrian safety, including information
about crosswalks.
SECTION 4. 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 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:
(A) 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; and
(B) if applicable, the person incurs an
additional penalty if the person fails to complete a required
intersection driving safety course by the date specified in the
notice;
(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, to
complete a required intersection driving safety course, 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; and
(11) if applicable, instructions for completing an
approved intersection driving safety course.
SECTION 5. Section 707.012, Transportation Code, is amended
to read as follows:
Sec. 707.012. ADMISSION OF LIABILITY. A person who fails
to pay the civil penalty, to complete a required intersection
driving safety course, 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.
SECTION 6. Section 707.015, Transportation Code, is amended
to read as follows:
Sec. 707.015. 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,
to complete a required intersection driving safety course, 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 707.011(c)(8).
SECTION 7. Section 707.017, Transportation Code, is amended
to read as follows:
Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle
is delinquent in the payment of a civil penalty or the completion of
a required intersection driving safety course 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.
SECTION 8. Section 1001.002, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) An intersection driving safety course required by a
local authority under Section 707.002, Transportation Code, is
exempt from this chapter.
SECTION 9. 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, 2009.