By: Carona S.B. No. 1508
A BILL TO BE ENTITLED
AN ACT
relating to the authority of certain transportation and transit
authorities to enforce compliance with high occupancy vehicle lane
restrictions by an automated enforcement system; providing for the
imposition of penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter B, Chapter 451, Transportation Code,
is amended by adding Section 451.0615 to read as follows:
Sec. 451.0615. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES.
(a) In this section:
(1) "Automated enforcement system" means a system
that:
(A) consists of a camera or other electrical or
mechanical device that produces photographic, electronic, video,
or digital images of a motor vehicle; and
(B) is used to enforce compliance with
instructions for high occupancy vehicle lane restrictions.
(2) "High occupancy vehicle lane" has the meaning
assigned by Section 224.151.
(3) "Official traffic-control device" has the meaning
assigned by Section 541.304 and includes a traffic pylon and double
white lines on a highway.
(4) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the department or the analogous department or agency of another
state or county.
(b) A board by resolution may implement an automated
enforcement system and provide that the owner of a motor vehicle,
other than an authorized emergency vehicle as defined by Section
541.201, is liable to the authority for a penalty if the vehicle is
operated in violation of the instructions of an official
traffic-control device regarding entering or exiting a high
occupancy vehicle lane.
(b-1) A resolution adopted under Subsection (b) may not
provide for the imposition of a penalty for a vehicle that is
operated in violation of the minimum number of persons requirement
for use of a high occupancy vehicle lane or for the purpose of
enforcing compliance with posted speed limits.
(c) The resolution adopted under this section must:
(1) provide for a penalty of not more than $100;
(2) authorize an attorney employed by the authority or
an attorney with whom the authority contracts to bring suit to
collect the penalty;
(3) provide for notice of the violation to the owner of
the motor vehicle that committed the violation;
(4) require that a peace officer commissioned by the
authority:
(A) review images produced by the automated
enforcement system to determine whether the vehicle was operated in
violation of the instructions of an official traffic-control device
regarding entering or exiting a high occupancy vehicle lane; and
(B) notarize the notice of violation before the
notice is mailed to the owner of the motor vehicle that committed
the violation;
(5) provide that a notice of violation is presumed to
have been received on the fifth day after the date the notice is
mailed if the notice was mailed to the owner of a motor vehicle;
(6) provide procedures by which the owner of the motor
vehicle may request an administrative adjudication hearing to
contest the imposition or the amount of the penalty;
(7) allow for the use of images produced by the
automated enforcement system authorized by this section; and
(8) provide for other procedures the board determines
are necessary for the imposition of a penalty authorized by this
section.
(d) Except as provided by Subsection (e), an image produced
by an automated enforcement system may not be used to prosecute a
criminal offense.
(e) An image produced by an automated enforcement system may
be used to prosecute a criminal offense defined by Chapter 19, 20,
20A, 31, 38, or 49, Penal Code.
(f) This section does not apply to an authority in which the
principal municipality has a population of more than 1.9 million.
SECTION 2. Subchapter B, Chapter 452, Transportation Code,
is amended by adding Section 452.0615 to read as follows:
Sec. 452.0615. ENFORCEMENT OF HIGH OCCUPANCY VEHICLE LANES.
(a) In this section:
(1) "Automated enforcement system" means a system
that:
(A) consists of a camera or other electrical or
mechanical device that produces photographic, electronic, video,
or digital images of a motor vehicle; and
(B) is used to enforce compliance with
instructions for high occupancy vehicle lane restrictions.
(2) "High occupancy vehicle lane" has the meaning
assigned by Section 224.151.
(3) "Official traffic-control device" has the meaning
assigned by Section 541.304 and includes a traffic pylon and double
white lines on a highway.
(4) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the department or the analogous department or agency of another
state or county.
(b) This section applies only to an authority that:
(1) consists of one subregion governed by a
subregional board created under Subchapter O; and
(2) has entered into an agreement with a governmental
entity to:
(A) operate a high occupancy vehicle lane; or
(B) provide peace officers to enforce compliance
with instructions for high occupancy vehicle lane restrictions.
(c) A board by resolution may implement an automated
enforcement system and provide that the owner of a motor vehicle,
other than an authorized emergency vehicle as defined by Section
541.201, is liable to the authority for a penalty if the vehicle is
operated in violation of the instructions of an official
traffic-control device regarding entering or exiting a high
occupancy vehicle lane.
(c-1) A resolution adopted under Subsection (c) may not
provide for the imposition of a penalty for a vehicle that is
operated in violation of the minimum number of persons requirement
for use of a high occupancy vehicle lane or for the purpose of
enforcing compliance with posted speed limits.
(d) The resolution adopted under this section must:
(1) provide for a penalty of not more than $100;
(2) authorize an attorney employed by the authority or
an attorney with whom the authority contracts to bring suit to
collect the penalty;
(3) provide for notice of the violation to the owner of
the motor vehicle that committed the violation;
(4) require that a peace officer commissioned by the
authority:
(A) review images produced by the automated
enforcement system to determine whether the vehicle was operated in
violation of the instructions of an official traffic-control device
regarding entering or exiting a high occupancy vehicle lane; and
(B) notarize the notice of violation before the
notice is mailed to the owner of the motor vehicle that committed
the violation;
(5) provide that a notice of violation is presumed to
have been received on the fifth day after the date the notice is
mailed if the notice was mailed to the owner of a motor vehicle;
(6) provide procedures by which the owner of the motor
vehicle may request an administrative adjudication hearing to
contest the imposition or the amount of the penalty;
(7) allow for the use of images produced by the
automated enforcement system authorized by this section; and
(8) provide for other procedures the board determines
are necessary for the imposition of a penalty authorized by this
section.
(e) Except as provided by Subsection (f), an image produced
by an automated enforcement system may not be used to prosecute a
criminal offense.
(f) An image produced by an automated enforcement system may
be used to prosecute a criminal offense defined by Chapter 19, 20,
20A, 31, 38, or 49, Penal Code.
SECTION 3. This Act takes effect September 1, 2009.