81R16467 SLB-F
By: Phillips H.B. No. 3558
Substitute the following for H.B. No. 3558:
By: Pierson C.S.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 safety course.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 707.002, Transportation Code, is amended
to read as follows:
Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY AND
INTERSECTION SAFETY COURSE. (a) 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).
(b) In addition to a monetary penalty, the local authority
may require that the owner of the motor vehicle successfully
complete an intersection safety course described by Section
707.0025. A local authority that requires completion of an
intersection safety course may charge a fee set by the governing
body of the local authority for the course.
SECTION 2. Chapter 707, Transportation Code, is amended by
adding Section 707.0025 to read as follows:
Sec. 707.0025. INTERSECTION SAFETY COURSE. (a) An
approved intersection safety course must provide:
(1) not less than one hour or more than three hours of
instruction; and
(2) information about:
(A) traffic laws of this state;
(B) safe driving techniques, including
recommended vehicle speeds, and the definition of a traffic-control
signal; and
(C) pedestrian safety, including information
about crosswalks.
(b) A third-party entity that provides an intersection
safety course required by a local authority must:
(1) maintain an Internet website that contains:
(A) course content that meets recognized
national curriculum standards; and
(B) versions of the course in both English and
Spanish;
(2) maintain a call center that:
(A) is operated by the entity's employees who
assist with technical and course-related questions; and
(B) operates 24 hours a day, 7 days a week;
(3) employ a multilingual staff;
(4) maintain a copy of a certificate of formation
evidencing the entity's authorization to do business in this state;
(5) comply with the Americans with Disabilities Act
(42 U.S.C. Section 12101 et seq.);
(6) maintain sufficient server network security
features, including controlled access and intrusion prevention
measures;
(7) maintain sufficient server network volume
capabilities;
(8) maintain sufficient security measures to
positively verify student identity;
(9) have the capacity to provide for indigent
education program participation; and
(10) have the capacity to allow a person without
Internet access to access the course.
SECTION 3. Section 707.003(f), Transportation Code, is
amended to read as follows:
(f) A local authority may not impose a civil penalty or a
requirement to complete an intersection safety course under this
chapter on the owner of a motor vehicle if the local authority
violates Subsection (b) or (c).
SECTION 4. Section 707.009, Transportation Code, is amended
to read as follows:
Sec. 707.009. 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 or a
requirement to complete an intersection safety course 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.
SECTION 5. Section 707.010(b), Transportation Code, is
amended to read as follows:
(b) A local authority may not impose a civil penalty or a
requirement to complete an intersection safety course 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 6. Sections 707.011(a) and (c), Transportation
Code, are amended to read as follows:
(a) The imposition of a civil penalty or a requirement to
complete an intersection safety course 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 or the course requirement.
(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 to complete any
required intersection safety course 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 in the amount of a late payment penalty if the
person fails to complete a required intersection 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 and any
requirement that the person complete an intersection safety course
in an administrative adjudication hearing;
(B) that imposition of the civil penalty and any
requirement that the person complete an intersection safety course
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 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 safety course and information regarding the
fee charged for the course.
SECTION 7. 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
safety course, or to contest liability for the penalty or course
requirement in a timely manner or who requests an administrative
adjudication hearing to contest the imposition of the civil penalty
or course requirement 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 8. Section 707.013, Transportation Code, is amended
by adding Subsections (b-1) and (d-1) to read as follows:
(b-1) If the owner of a motor vehicle is required by a local
authority to complete an intersection safety course under this
chapter, the owner may rebut the presumption under Subsection (a)
by presenting evidence establishing that the vehicle was operated
by another person at the time of the violation. Notwithstanding
Section 707.014, the presentation of evidence under this subsection
must be made by affidavit, through testimony at the administrative
adjudication hearing under Section 707.014, or by a written
declaration under penalty of perjury. The affidavit or written
declaration may be submitted by mail to the local authority.
(d-1) If the presumption established by Subsection (a) is
rebutted under Subsection (b-1), the owner of the motor vehicle may
not be required to complete the intersection safety course.
SECTION 9. Sections 707.014(a), (g), and (h),
Transportation Code, are amended to read as follows:
(a) A person who receives a notice of violation under this
chapter may contest the imposition of the civil penalty or the
requirement to complete an intersection safety course 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.
(g) At the conclusion of the administrative adjudication
hearing, the hearing officer shall enter a finding of liability for
the civil penalty and any requirement to complete an intersection
safety course or a finding of no liability for the civil penalty or
the requirement to complete an intersection safety course. 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 or a requirement to complete an
intersection safety course may not be imposed against the person.
SECTION 10. 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 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 11. Sections 707.016(a), (b), and (d),
Transportation Code, are amended to read as follows:
(a) The owner of a motor vehicle determined by a hearing
officer to be liable for a civil penalty or required to complete an
intersection safety course 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 or the requirement to
complete an intersection safety course; and
(2) accompanied by payment of the costs required by
law for the court.
(d) An appeal stays enforcement of the requirement to
complete an intersection safety course and collection of the civil
penalty imposed against the owner of the motor vehicle. The owner
shall file a notarized statement of personal financial obligation
to perfect the owner's appeal.
SECTION 12. 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 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 13. Section 707.018, Transportation Code, is
amended to read as follows:
Sec. 707.018. IMPOSITION OF CIVIL PENALTY OR COURSE
REQUIREMENT NOT A CONVICTION. The imposition of a civil penalty or
a requirement to complete an intersection safety course under this
chapter is not a conviction and may not be considered a conviction
for any purpose.
SECTION 14. Section 707.019(a), Transportation Code, is
amended to read as follows:
(a) If the owner of the motor vehicle fails to timely pay the
amount of the civil penalty imposed against the owner or to complete
a required intersection safety course:
(1) an arrest warrant may not be issued for the owner;
and
(2) the imposition of the civil penalty or requirement
to complete an intersection safety course may not be recorded on the
owner's driving record.
SECTION 15. Section 1001.002, Education Code, is amended by
adding Subsection (d) to read as follows:
(d) An intersection safety course required by a local
authority under Section 707.002, Transportation Code, is exempt
from this chapter.
SECTION 16. 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.