By: Elkins H.B. No. 1131
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the use of photographic traffic signal
enforcement systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 707, Transportation Code,
is amended to read as follows:
CHAPTER 707. PROHIBITING PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
SYSTEMS [SYSTEM]
SECTION 2. Sections 707.001(3) and (4), Transportation
Code, are amended to read as follows:
(3) "Photographic traffic signal enforcement system"
means a device or system that:
(A) consists of a camera system and vehicle
sensor that:
(i) is installed to exclusively work in
conjunction with an electrically operated traffic-control signal;
and
(ii) [(B)] is capable of producing [at
least two] recorded images that depict the license plate attached
to the front or the rear of a motor vehicle that is not operated in
compliance with the instructions of the traffic-control signal or
the operator of such a vehicle; or
(B) consists of a radar unit or sensor linked to:
(i) a camera or other recording device that
produces or is capable of producing one or more photographs,
microphotographs, videotapes, or digital or other recorded images
of a motor vehicle's license plates or its operator; or
(ii) a device that is capable of reading a
motor vehicle's license plate or otherwise identifying a motor
vehicle.
(4) "Recorded image" means a photographic or digital
image that depicts the front or the rear of a motor vehicle or the
motor vehicle's operator.
SECTION 3. Sections 707.002, 707.003, and 707.004,
Transportation Code, are amended to read as follows:
Sec. 707.002. USE OF PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEMS PROHIBITED. No traffic complaint, notice of
violation, or other form of civil or criminal charge or citation
shall be issued or filed in any court of this state for an alleged
violation of this title or of any other state, county, or municipal
law relating to the operation of a motor vehicle if the alleged
violation was detected through the use of a photographic traffic
signal enforcement system. [AUTHORITY TO PROVIDE FOR CIVIL PENALTY.
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).]
Sec. 707.003. IMPOSITION OF COSTS FOR VIOLATION OF THIS
CHAPTER. Any state, county, municipality, or local authority that
issues a complaint, a notice of violation, or another form of civil
or criminal charge or citation arising from the use of a
photographic traffic signal enforcement system shall be liable for
the costs, including any reasonable attorney's fees, incurred by an
owner or operator of a motor vehicle who receives such complaint,
notice of violation, or other form of civil or criminal charge or
citation. [INSTALLATION AND OPERATION OF PHOTOGRAPHIC TRAFFIC
SIGNAL ENFORCEMENT SYSTEM. (a) A local authority that implements
a photographic traffic signal enforcement system under this chapter
may:
[(1) contract for the administration and enforcement
of the system; and
[(2) install and operate the system or contract for
the installation or operation of the system.
[(b) A local authority that contracts for the
administration and enforcement of a photographic traffic signal
enforcement system may not agree to pay the contractor a specified
percentage of, or dollar amount from, each civil penalty collected.
[(c) Before installing a photographic traffic signal
enforcement system at an intersection approach, the local authority
shall conduct a traffic engineering study of the approach to
determine whether, in addition to or as an alternative to the
system, a design change to the approach or a change in the
signalization of the intersection is likely to reduce the number of
red light violations at the intersection.
[(d) An intersection approach must be selected for the
installation of a photographic traffic signal enforcement system
based on traffic volume, the history of accidents at the approach,
the number or frequency of red light violations at the
intersection, and similar traffic engineering and safety criteria,
without regard to the ethnic or socioeconomic characteristics of
the area in which the approach is located.
[(e) A local authority shall report results of the traffic
engineering study required by Subsection (c) to a citizen advisory
committee consisting of one person appointed by each member of the
governing body of the local authority. The committee shall advise
the local authority on the installation and operation of a
photographic traffic signal enforcement system established under
this chapter.
[(f) A local authority may not impose a civil penalty under
this chapter on the owner of a motor vehicle if the local authority
violates Subsection (b) or (c).
[(g) The local authority shall install signs along each
roadway that leads to an intersection at which a photographic
traffic signal enforcement system is in active use. The signs must
be at least 100 feet from the intersection or located according to
standards established in the manual adopted by the Texas
Transportation Commission under Section 544.001, be easily
readable to any operator approaching the intersection, and clearly
indicate the presence of a photographic monitoring system that
records violations that may result in the issuance of a notice of
violation and the imposition of a monetary penalty.
[(h) A local authority or the person with which the local
authority contracts for the administration and enforcement of a
photographic traffic signal enforcement system may not provide
information about a civil penalty imposed under this chapter to a
credit bureau, as defined by Section 392.001, Finance Code.]
Sec. 707.004. CONFLICT WITH OTHER LAWS. In the event of a
conflict between this chapter and a provision of any other law
relating to photographic traffic signal enforcement systems, this
chapter controls to the extent of the conflict. [REPORT OF
ACCIDENTS. (a) In this section, "department" means the Texas
Department of Transportation.
[(b) Before installing a photographic traffic signal
enforcement system at an intersection approach, the local authority
shall compile a written report of the number and type of traffic
accidents that have occurred at the intersection for a period of at
least 18 months before the date of the report.
[(c) Not later than six months after the date of the
installation of the photographic traffic signal enforcement system
at the intersection, the local authority shall provide the
department a copy of the report required by Subsection (b).
[(d) After installing a photographic traffic signal
enforcement system at an intersection approach, the local authority
shall monitor and annually report to the department the number and
type of traffic accidents at the intersection to determine whether
the system results in a reduction in accidents or a reduction in the
severity of accidents.
[(e) The report must be in writing in the form prescribed by
the department.
[(f) Not later than December 1 of each year, the department
shall publish the information submitted by a local authority under
Subsection (d).]
SECTION 4. Sections 707.0021, 707.005, 707.006, 707.007,
707.008, 707.009, 707.010, 707.011, 707.012, 707.013, 707.014,
707.015, 707.016, 707.017, 707.018, and 707.019, Transportation
Code, are repealed.
SECTION 5. The change in law made by this Act applies only
to a traffic violation that occurs on or after the effective date of
this Act. A violation committed before the effective date of this
Act is governed by the law in effect on the date the violation was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, a violation was committed
before the effective date of this Act if any element of the
violation occurred before that date.
SECTION 6. 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, 2015.