82R3726 ACP-D
By: Orr H.B. No. 1561
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality to implement a
photographic traffic signal enforcement system and impose civil
penalties.
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. (a)
Except as provided by Subsection (b), the [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) the governing body of a municipality may not enact an
ordinance described by Subsection (a) unless:
(1) the municipality holds an election called for the
purpose of authorizing the ordinance; and
(2) a majority of the voters approve the proposition.
SECTION 2. (a) A municipality that has enacted an ordinance
under Section 707.002, Transportation Code, on or before the
effective date of this Act shall hold a referendum as required by
that section, as amended by this Act, not later than November 8,
2011.
(b) If a majority of the voters do not approve the
proposition as required by Section 707.002, Transportation Code, as
amended by this Act, and the municipality had enacted before June 1,
2011, an ordinance under that section to implement a photographic
traffic signal enforcement system and entered into a contract for
the administration and enforcement of the system, the municipality
may continue to operate the system under that ordinance and under
the terms of that contract until the expiration date specified in
the contract as the contract existed on June 1, 2011.
SECTION 3. 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, 2011.