HBA-PDH H.B. 1152 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 1152 By: Driver Public Safety 2/24/1999 Introduced BACKGROUND AND PURPOSE Photographic monitoring of intersections has been used successfully in other states to reduce the incidence of traffic offenses at intersections. The implementation of photographic traffic-control signal monitoring systems would allow communities to monitor intersections that the community typically would not be able to monitor due to lack of police officers and resources. H.B. 1152 authorizes a municipality to implement a photographic traffic-control signal monitoring system, provides specifics for the installation, operation, and monitoring of the system, and sets forth the penalties, enforcement, and defense of an offense under this Act. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Subtitle I, Title 7, Transportation Code, by adding Chapter 707, as follows: CHAPTER 707. PHOTOGRAPHIC TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM Sec. 707.001. DEFINITIONS. Defines "owner of a motor vehicle," "photographic trafficcontrol signal monitoring system," "recorded image," and "traffic-control signal." Sec. 707.002. AUTHORITY TO IMPLEMENT PHOTOGRAPHIC TRAFFIC-CONTROL SIGNAL MONITORING SYSTEM. Authorizes the governing body of a municipality by ordinance to implement a photographic traffic-control signal monitoring system (monitoring system) and to provide that the owner of a motor vehicle (vehicle) is liable for a civil penalty if, while facing only a steady red signal displayed by an electrically operated traffic-control signal located in the municipality, the vehicle is operated in violation of the instructions of that traffic-control signal, as specified in Section 544.007(d) (Traffic Control Signals in General), Transportation Code. Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC TRAFFICCONTROL SIGNAL MONITORING SYSTEM. Authorizes a municipality implementing a monitoring system to install and operate the system or contract for the installation or operation of the system. Sec. 707.004. RECORDED IMAGE REQUIRED TO DEPICT LICENSE PLATE. Prohibits a municipality from installing or operating a monitoring system unless the system is capable of clearly depicting on a recorded image the license plate number attached to the rear of the vehicle; and from issuing a citation or summons unless a recorded image clearly depicts the vehicle's license plate number. Sec. 707.005. AMOUNT OF CIVIL PENALTY. Provides that an ordinance adopted under this chapter must prescribe the amount of the civil penalty. Prohibits the civil penalty from exceeding $75. Sec. 707.006. DESIGNATION OF ENFORCING AND ADMINISTERING DEPARTMENT, AGENCY, OR OFFICE. Requires an ordinance to specify the department, agency, or office of the municipality responsible for enforcement and administration of this chapter. Provides that the ordinance may designate the police department of the municipality as the department responsible for the enforcement or administration of this chapter. Sec. 707.007. EFFECT ON OTHER ENFORCEMENT. Specifies existing Transportation Code provisions to which a monitoring system implemented by a municipality does not apply. Prohibits a municipality from imposing or seeking to impose a civil penalty under this chapter if the operator of a vehicle was arrested or issued a citation and a notice to appear by a peace officer for the same violation recorded by a monitoring system. Sec. 707.008. APPLICABILITY OF OTHER LAWS. Provides that Sections 682.003 (Adoption of Ordinance Establishing Hearing Procedure), 682.004 (Content of Ordinance), 682.005 (Enforcement of Order Concerning Witnesses and Documents), 682.006 (Citation or Summons), 682.007 (Appearance at Hearing), 682.008 (Presumptions), 682.009 (Order), 682.010 (Enforcement), and 682.011 (Appeal), Transportation Code, apply to an ordinance adopted under this chapter as if a violation described by Section 707.002, Transportation Code, were a violation of a municipal ordinance relating to the parking or stopping of a vehicle under Chapter 682 (Administrative Adjudication of Vehicle Parking and Stopping Offenses in Certain Municipalities), Transportation Code. Excludes Section 682.010(4) (denying issuance of a parking permit) from this provision. Sec. 707.009. CITATION OR SUMMONS; CONTENTS. Provides that the imposition of a civil penalty begins by mailing a citation or a summons to the owner of a motor vehicle against which the municipality seeks to impose the civil penalty. Provides the requirements for notifying the owner about the citation and specifies the contents of the citation or summons. Provides that a citation or summons is presumed to have been received on the fifth day after the date the citation or summons is mailed. Sec. 707.010. ISSUANCE OF WARNING NOTICE IN LIEU OF CITATION OR SUMMONS. Authorizes the municipality to mail a warning notice to the owner of a vehicle. Specifies the contents of the warning notice. Sec. 707.011. BURDEN OF PROOF AT ADMINISTRATIVE ADJUDICATION HEARING. Prohibits the hearing officer at an administrative adjudication hearing from imposing a civil penalty unless the issues are proven by a preponderance of the evidence or the owner or person alleged to have committed the violation admits liability for the civil penalty. Sec. 707.012. SYSTEM RELIABILITY AND IMAGE VALIDITY. Provides that the reliability of the monitoring system may be attested to in a proceeding by an affidavit of an officer or employee of the municipality or the entity to which the municipality contracts to install or operate the system who is responsible for inspecting and maintaining the system. Provides that an affidavit of an officer or employee of the municipality that alleges a violation of Section 544.007(d), Transportation Code, based on inspection of the pertinent recorded image, is admissible and is evidence of the facts contained in the affidavit. Sec. 707.013. DEFENSES TO VIOLATION OR IMPOSITION OF CIVIL PENALTY. Provides the defenses that a hearing officer is required to consider at an administrative adjudication hearing. Authorizes the hearing officer to admit and consider evidence on any other matter or issue that the officer considers pertinent. Provides that an owner must submit proof acceptable to the hearing officer to demonstrate that at the time of the violation the motor vehicle or the license plate on the vehicle was stolen and the owner had timely reported the theft to the appropriate law enforcement agency. Sec. 707.014. SUBSEQUENT ACTIONS IN CONNECTION WITH STOLEN VEHICLE OR LICENSE PLATE. Requires a hearing officer to provide to the designated department, agency, or office a copy of any evidence received at the hearing that identifies the operator of the vehicle at the time and place of the violation if at an administrative hearing the hearing officer determines that the vehicle or the license plates were stolen. Sets forth the conditions under which the person shown by the evidence to have been the operator of the vehicle at the time and place of the violation may be cited, summoned, or contest the violation or the imposition of the penalty. Sec. 707.015. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION. Provides that the imposition of a civil penalty under this chapter is not a conviction and may not be considered a conviction for any purpose. Sec. 707.016. INDEMNIFICATION TO OWNER OF LEASED OR RENTED VEHICLE. (a) Provides that this section applies only to an owner of a vehicle being operated by a person other than the owner pursuant to a bona fide lease or rental agreement when a violation of Section 544.007(d), Transportation Code occurs. (b) Provides that a person leasing or renting the vehicle at the time of the violation is liable to the owner for an amount equal to the amount of the civil penalty plus a reasonable administrative fee in an amount determined by the owner not to exceed the amount of the civil penalty if a civil penalty is imposed on and collected from an owner for the violation of Section 544.007(d), Transportation Code. SECTION 2.Emergency clause. Effective date: upon passage.