Texas 2009 - 81st Regular

Texas Senate Bill SB1508 Compare Versions

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1	1	By: Carona S.B. No. 1508
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of certain transportation and transit
7	7	authorities to enforce compliance with high occupancy vehicle lane
8	8	restrictions by an automated enforcement system; providing for the
9	9	imposition of penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Subchapter B, Chapter 451, Transportation Code,
12	12	is amended by adding Section 451.0615 to read as follows:
13	13	Sec. 451.0615. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES.
14	14	(a) In this section:
15	15	(1) "Automated enforcement system" means a system
16	16	that:
17	17	(A) consists of a camera or other electrical or
18	18	mechanical device that produces photographic, electronic, video,
19	19	or digital images of a motor vehicle; and
20	20	(B) is used to enforce compliance with
21	21	instructions for high occupancy vehicle lane restrictions.
22	22	(2) "High occupancy vehicle lane" has the meaning
23	23	assigned by Section 224.151.
24	24	(3) "Official traffic-control device" has the meaning
25	25	assigned by Section 541.304 and includes a traffic pylon and double
26	26	white lines on a highway.
27	27	(4) "Owner of a motor vehicle" means the owner of a
28	28	motor vehicle as shown on the motor vehicle registration records of
29	29	the department or the analogous department or agency of another
30	30	state or county.
31	31	(b) A board by resolution may implement an automated
32	32	enforcement system and provide that the owner of a motor vehicle,
33	33	other than an authorized emergency vehicle as defined by Section
34	34	541.201, is liable to the authority for a penalty if the vehicle is
35	35	operated in violation of the instructions of an official
36	36	traffic-control device regarding entering or exiting a high
37	37	occupancy vehicle lane.
38	38	(b-1) A resolution adopted under Subsection (b) may not
39	39	provide for the imposition of a penalty for a vehicle that is
40	40	operated in violation of the minimum number of persons requirement
41	41	for use of a high occupancy vehicle lane or for the purpose of
42	42	enforcing compliance with posted speed limits.
43	43	(c) The resolution adopted under this section must:
44	44	(1) provide for a penalty of not more than $100;
45	45	(2) authorize an attorney employed by the authority or
46	46	an attorney with whom the authority contracts to bring suit to
47	47	collect the penalty;
48	48	(3) provide for notice of the violation to the owner of
49	49	the motor vehicle that committed the violation;
50	50	(4) require that a peace officer commissioned by the
51	51	authority:
52	52	(A) review images produced by the automated
53	53	enforcement system to determine whether the vehicle was operated in
54	54	violation of the instructions of an official traffic-control device
55	55	regarding entering or exiting a high occupancy vehicle lane; and
56	56	(B) notarize the notice of violation before the
57	57	notice is mailed to the owner of the motor vehicle that committed
58	58	the violation;
59	59	(5) provide that a notice of violation is presumed to
60	60	have been received on the fifth day after the date the notice is
61	61	mailed if the notice was mailed to the owner of a motor vehicle;
62	62	(6) provide procedures by which the owner of the motor
63	63	vehicle may request an administrative adjudication hearing to
64	64	contest the imposition or the amount of the penalty;
65	65	(7) allow for the use of images produced by the
66	66	automated enforcement system authorized by this section; and
67	67	(8) provide for other procedures the board determines
68	68	are necessary for the imposition of a penalty authorized by this
69	69	section.
70	70	(d) Except as provided by Subsection (e), an image produced
71	71	by an automated enforcement system may not be used to prosecute a
72	72	criminal offense.
73	73	(e) An image produced by an automated enforcement system may
74	74	be used to prosecute a criminal offense defined by Chapter 19, 20,
75	75	20A, 31, 38, or 49, Penal Code.
76	76	(f) This section does not apply to an authority in which the
77	77	principal municipality has a population of more than 1.9 million.
78	78	SECTION 2. Subchapter B, Chapter 452, Transportation Code,
79	79	is amended by adding Section 452.0615 to read as follows:
80	80	Sec. 452.0615. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES.
81	81	(a) In this section:
82	82	(1) "Automated enforcement system" means a system
83	83	that:
84	84	(A) consists of a camera or other electrical or
85	85	mechanical device that produces photographic, electronic, video,
86	86	or digital images of a motor vehicle; and
87	87	(B) is used to enforce compliance with
88	88	instructions for high occupancy vehicle lane restrictions.
89	89	(2) "High occupancy vehicle lane" has the meaning
90	90	assigned by Section 224.151.
91	91	(3) "Official traffic-control device" has the meaning
92	92	assigned by Section 541.304 and includes a traffic pylon and double
93	93	white lines on a highway.
94	94	(4) "Owner of a motor vehicle" means the owner of a
95	95	motor vehicle as shown on the motor vehicle registration records of
96	96	the department or the analogous department or agency of another
97	97	state or county.
98	98	(b) This section applies only to an authority that:
99	99	(1) consists of one subregion governed by a
100	100	subregional board created under Subchapter O; and
101	101	(2) has entered into an agreement with a governmental
102	102	entity to:
103	103	(A) operate a high occupancy vehicle lane; or
104	104	(B) provide peace officers to enforce compliance
105	105	with instructions for high occupancy vehicle lane restrictions.
106	106	(c) A board by resolution may implement an automated
107	107	enforcement system and provide that the owner of a motor vehicle,
108	108	other than an authorized emergency vehicle as defined by Section
109	109	541.201, is liable to the authority for a penalty if the vehicle is
110	110	operated in violation of the instructions of an official
111	111	traffic-control device regarding entering or exiting a high
112	112	occupancy vehicle lane.
113	113	(c-1) A resolution adopted under Subsection (c) may not
114	114	provide for the imposition of a penalty for a vehicle that is
115	115	operated in violation of the minimum number of persons requirement
116	116	for use of a high occupancy vehicle lane or for the purpose of
117	117	enforcing compliance with posted speed limits.
118	118	(d) The resolution adopted under this section must:
119	119	(1) provide for a penalty of not more than $100;
120	120	(2) authorize an attorney employed by the authority or
121	121	an attorney with whom the authority contracts to bring suit to
122	122	collect the penalty;
123	123	(3) provide for notice of the violation to the owner of
124	124	the motor vehicle that committed the violation;
125	125	(4) require that a peace officer commissioned by the
126	126	authority:
127	127	(A) review images produced by the automated
128	128	enforcement system to determine whether the vehicle was operated in
129	129	violation of the instructions of an official traffic-control device
130	130	regarding entering or exiting a high occupancy vehicle lane; and
131	131	(B) notarize the notice of violation before the
132	132	notice is mailed to the owner of the motor vehicle that committed
133	133	the violation;
134	134	(5) provide that a notice of violation is presumed to
135	135	have been received on the fifth day after the date the notice is
136	136	mailed if the notice was mailed to the owner of a motor vehicle;
137	137	(6) provide procedures by which the owner of the motor
138	138	vehicle may request an administrative adjudication hearing to
139	139	contest the imposition or the amount of the penalty;
140	140	(7) allow for the use of images produced by the
141	141	automated enforcement system authorized by this section; and
142	142	(8) provide for other procedures the board determines
143	143	are necessary for the imposition of a penalty authorized by this
144	144	section.
145	145	(e) Except as provided by Subsection (f), an image produced
146	146	by an automated enforcement system may not be used to prosecute a
147	147	criminal offense.
148	148	(f) An image produced by an automated enforcement system may
149	149	be used to prosecute a criminal offense defined by Chapter 19, 20,
150	150	20A, 31, 38, or 49, Penal Code.
151	151	SECTION 3. This Act takes effect September 1, 2009.