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.