HBA-TBM H.B. 1115 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 1115
By: Driver
Public Safety
2/21/2001
Introduced



BACKGROUND AND PURPOSE 

According to the Insurance Institute for Highway Safety more than 800
people die and approximately 200,000 are injured every year in crashes that
involve a driver running a red light.  Between 1992 and 1998, approximately
6,000 deaths nationally resulted from such collisions.  Texas ranked fourth
highest in the death rate for collisions caused by running red lights per
100,000 people from 1992 to 1998, with 663 fatalities.  Among cities with a
population greater than 200,000 throughout the nation, Dallas ranked
seventh in the death rate for that same time period.  Nationwide, between
1992 and 1996, fatal motor vehicle crashes at traffic signals increased by
19 percent.  To combat this problem, some municipalities throughout the
country are using automated traffic control systems that photograph
motorists who run red lights.  These systems have shown to be effective in
reducing red light running by as much as 40 percent in some cases.
Currently, Texas law has no provisions regarding the installation of
photographic traffic control systems (systems).  House Bill 1115 authorizes
a municipality to implement a system and to issue civil citations for
violations recorded by the system.   

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. 

ANALYSIS

House Bill 1115 amends the Transportation Code to authorize a municipality
to implement a system designed to photograph the license plate of a vehicle
that violates the instructions of a traffic signal.  The bill authorizes
the governing body of a municipality that implements a photographic traffic
enforcement system (system) to impose a civil penalty upon the owner of the
vehicle, regardless of who operated the vehicle (Sec. 707.002).  The owner
of a vehicle photographed will be notified by mail of the violation and the
civil penalty for which the owner is liable (Sec. 707.006).  The owner may
contest the civil penalty by filing a written request for an administrative
hearing (Sec. 707.009).  The bill provides that an owner admits liability
for the penalty if the owner fails to pay the penalty or contest liability
in a timely manner or fails to appear for an administrative adjudication
hearing (Sec. 707.007).  The bill provides for an appellate process (Sec.
707.009).  The bill requires the municipality to erect signs informing the
public of the system (Sec. 707.015).  The bill provides that the improper
use of the system is a Class A misdemeanor (Sec. 707.016).   

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.