Texas 2015 - 84th Regular

Texas House Bill HB1131 Compare Versions

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1	1	By: Elkins H.B. No. 1131
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to prohibiting the use of photographic traffic signal
7	7	enforcement systems.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 707, Transportation Code,
10	10	is amended to read as follows:
11	11	CHAPTER 707. PROHIBITING PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
12	12	SYSTEMS [SYSTEM]
13	13	SECTION 2. Sections 707.001(3) and (4), Transportation
14	14	Code, are amended to read as follows:
15	15	(3) "Photographic traffic signal enforcement system"
16	16	means a device or system that:
17	17	(A) consists of a camera system and vehicle
18	18	sensor that:
19	19	(i) is installed to exclusively work in
20	20	conjunction with an electrically operated traffic-control signal;
21	21	and
22	22	(ii) [(B)] is capable of producing [at
23	23	least two] recorded images that depict the license plate attached
24	24	to the front or the rear of a motor vehicle that is not operated in
25	25	compliance with the instructions of the traffic-control signal or
26	26	the operator of such a vehicle; or
27	27	(B) consists of a radar unit or sensor linked to:
28	28	(i) a camera or other recording device that
29	29	produces or is capable of producing one or more photographs,
30	30	microphotographs, videotapes, or digital or other recorded images
31	31	of a motor vehicle's license plates or its operator; or
32	32	(ii) a device that is capable of reading a
33	33	motor vehicle's license plate or otherwise identifying a motor
34	34	vehicle.
35	35	(4) "Recorded image" means a photographic or digital
36	36	image that depicts the front or the rear of a motor vehicle or the
37	37	motor vehicle's operator.
38	38	SECTION 3. Sections 707.002, 707.003, and 707.004,
39	39	Transportation Code, are amended to read as follows:
40	40	Sec. 707.002. USE OF PHOTOGRAPHIC TRAFFIC SIGNAL
41	41	ENFORCEMENT SYSTEMS PROHIBITED. No traffic complaint, notice of
42	42	violation, or other form of civil or criminal charge or citation
43	43	shall be issued or filed in any court of this state for an alleged
44	44	violation of this title or of any other state, county, or municipal
45	45	law relating to the operation of a motor vehicle if the alleged
46	46	violation was detected through the use of a photographic traffic
47	47	signal enforcement system. [AUTHORITY TO PROVIDE FOR CIVIL PENALTY.
48	48	The governing body of a local authority by ordinance may implement a
49	49	photographic traffic signal enforcement system and provide that the
50	50	owner of a motor vehicle is liable to the local authority for a
51	51	civil penalty if, while facing only a steady red signal displayed by
52	52	an electrically operated traffic-control signal located in the
53	53	local authority, the vehicle is operated in violation of the
54	54	instructions of that traffic-control signal, as specified by
55	55	Section 544.007(d).]
56	56	Sec. 707.003. IMPOSITION OF COSTS FOR VIOLATION OF THIS
57	57	CHAPTER. Any state, county, municipality, or local authority that
58	58	issues a complaint, a notice of violation, or another form of civil
59	59	or criminal charge or citation arising from the use of a
60	60	photographic traffic signal enforcement system shall be liable for
61	61	the costs, including any reasonable attorney's fees, incurred by an
62	62	owner or operator of a motor vehicle who receives such complaint,
63	63	notice of violation, or other form of civil or criminal charge or
64	64	citation. [INSTALLATION AND OPERATION OF PHOTOGRAPHIC TRAFFIC
65	65	SIGNAL ENFORCEMENT SYSTEM. (a) A local authority that implements
66	66	a photographic traffic signal enforcement system under this chapter
67	67	may:
68	68	[(1) contract for the administration and enforcement
69	69	of the system; and
70	70	[(2) install and operate the system or contract for
71	71	the installation or operation of the system.
72	72	[(b) A local authority that contracts for the
73	73	administration and enforcement of a photographic traffic signal
74	74	enforcement system may not agree to pay the contractor a specified
75	75	percentage of, or dollar amount from, each civil penalty collected.
76	76	[(c) Before installing a photographic traffic signal
77	77	enforcement system at an intersection approach, the local authority
78	78	shall conduct a traffic engineering study of the approach to
79	79	determine whether, in addition to or as an alternative to the
80	80	system, a design change to the approach or a change in the
81	81	signalization of the intersection is likely to reduce the number of
82	82	red light violations at the intersection.
83	83	[(d) An intersection approach must be selected for the
84	84	installation of a photographic traffic signal enforcement system
85	85	based on traffic volume, the history of accidents at the approach,
86	86	the number or frequency of red light violations at the
87	87	intersection, and similar traffic engineering and safety criteria,
88	88	without regard to the ethnic or socioeconomic characteristics of
89	89	the area in which the approach is located.
90	90	[(e) A local authority shall report results of the traffic
91	91	engineering study required by Subsection (c) to a citizen advisory
92	92	committee consisting of one person appointed by each member of the
93	93	governing body of the local authority. The committee shall advise
94	94	the local authority on the installation and operation of a
95	95	photographic traffic signal enforcement system established under
96	96	this chapter.
97	97	[(f) A local authority may not impose a civil penalty under
98	98	this chapter on the owner of a motor vehicle if the local authority
99	99	violates Subsection (b) or (c).
100	100	[(g) The local authority shall install signs along each
101	101	roadway that leads to an intersection at which a photographic
102	102	traffic signal enforcement system is in active use. The signs must
103	103	be at least 100 feet from the intersection or located according to
104	104	standards established in the manual adopted by the Texas
105	105	Transportation Commission under Section 544.001, be easily
106	106	readable to any operator approaching the intersection, and clearly
107	107	indicate the presence of a photographic monitoring system that
108	108	records violations that may result in the issuance of a notice of
109	109	violation and the imposition of a monetary penalty.
110	110	[(h) A local authority or the person with which the local
111	111	authority contracts for the administration and enforcement of a
112	112	photographic traffic signal enforcement system may not provide
113	113	information about a civil penalty imposed under this chapter to a
114	114	credit bureau, as defined by Section 392.001, Finance Code.]
115	115	Sec. 707.004. CONFLICT WITH OTHER LAWS. In the event of a
116	116	conflict between this chapter and a provision of any other law
117	117	relating to photographic traffic signal enforcement systems, this
118	118	chapter controls to the extent of the conflict. [REPORT OF
119	119	ACCIDENTS. (a) In this section, "department" means the Texas
120	120	Department of Transportation.
121	121	[(b) Before installing a photographic traffic signal
122	122	enforcement system at an intersection approach, the local authority
123	123	shall compile a written report of the number and type of traffic
124	124	accidents that have occurred at the intersection for a period of at
125	125	least 18 months before the date of the report.
126	126	[(c) Not later than six months after the date of the
127	127	installation of the photographic traffic signal enforcement system
128	128	at the intersection, the local authority shall provide the
129	129	department a copy of the report required by Subsection (b).
130	130	[(d) After installing a photographic traffic signal
131	131	enforcement system at an intersection approach, the local authority
132	132	shall monitor and annually report to the department the number and
133	133	type of traffic accidents at the intersection to determine whether
134	134	the system results in a reduction in accidents or a reduction in the
135	135	severity of accidents.
136	136	[(e) The report must be in writing in the form prescribed by
137	137	the department.
138	138	[(f) Not later than December 1 of each year, the department
139	139	shall publish the information submitted by a local authority under
140	140	Subsection (d).]
141	141	SECTION 4. Sections 707.0021, 707.005, 707.006, 707.007,
142	142	707.008, 707.009, 707.010, 707.011, 707.012, 707.013, 707.014,
143	143	707.015, 707.016, 707.017, 707.018, and 707.019, Transportation
144	144	Code, are repealed.
145	145	SECTION 5. The change in law made by this Act applies only
146	146	to a traffic violation that occurs on or after the effective date of
147	147	this Act. A violation committed before the effective date of this
148	148	Act is governed by the law in effect on the date the violation was
149	149	committed, and the former law is continued in effect for that
150	150	purpose. For purposes of this section, a violation was committed
151	151	before the effective date of this Act if any element of the
152	152	violation occurred before that date.
153	153	SECTION 6. This Act takes effect immediately if it receives
154	154	a vote of two-thirds of all the members elected to each house, as
155	155	provided by Section 39, Article III, Texas Constitution. If this
156	156	Act does not receive the vote necessary for immediate effect, this
157	157	Act takes effect September 1, 2015.