CHAPTER 542. GENERAL PROVISIONS - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE C. RULES OF THE ROAD

CHAPTER 542. GENERAL PROVISIONS

SUBCHAPTER A. APPLICABILITY

Sec. 542.001. VEHICLES ON HIGHWAYS. A provision of this

subtitle relating to the operation of a vehicle applies only to

the operation of a vehicle on a highway unless the provision

specifically applies to a different place.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.002. GOVERNMENT VEHICLES. A provision of this subtitle

applicable to an operator of a vehicle applies to the operator of

a vehicle owned or operated by the United States, this state, or

a political subdivision of this state, except as specifically

provided otherwise by this subtitle for an authorized emergency

vehicle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.003. ANIMALS AND ANIMAL-DRAWN VEHICLES. A person

riding an animal on a roadway or operating a vehicle drawn by an

animal on a roadway has the rights and duties applicable to the

operator of a vehicle under this subtitle, except a right or duty

that by its nature cannot apply to a person riding an animal or

operating a vehicle drawn by an animal.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.004. PERSONS AND EQUIPMENT ENGAGED IN WORK ON HIGHWAY

SURFACE. This subtitle does not apply to a person, team, motor

vehicle, or other equipment engaged in work on a highway unless

the provision is specifically made applicable, but does apply to

those persons and vehicles while traveling to or from that work.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.005. RULES ON PRIVATE PROPERTY. This subtitle does not

prevent an owner of private property that is a private road from:

(1) regulating or prohibiting use of the property by the public

for vehicular travel; or

(2) requiring conditions different from or in addition to those

specified by this subtitle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.006. SPEED RESTRICTIONS ON PRIVATE ROADS. (a) The

owners of a majority of the parcels of real property abutting a

private road may petition the Texas Transportation Commission to

extend the speed restrictions of this subtitle to the portion of

the road in a subdivision or across adjacent subdivisions if:

(1) the road is not in a municipality;

(2) the total number of residents in the subdivision and

subdivisions adjacent to the subdivision is at least 400; and

(3) a plat for the subdivision and each adjacent subdivision

included to determine the number of residents under Subdivision

(2) has been filed in the deed records of the county.

(b) After the commission receives a petition and verifies the

property ownership of its signers, the commission may issue an

order extending the speed restrictions to the private road if the

commission finds the order is in the interests of the area

residents and the public generally.

(c) If the commission rejects the petition, the commission shall

hold a public hearing on the advisability of making the speed

restrictions applicable. The hearing must be held in the county

in which the portion of the road that is the subject of the

petition is located. The commission shall publish notice of the

hearing in a newspaper of general circulation in that county at

least 10 days before the date of the hearing.

(d) At the hearing, if the commission finds that it would be in

the interests of the area residents and the public generally, the

commission shall issue an order extending the speed restrictions

to the private road.

(e) After the commission issues an order under this section, the

private road is a public highway for purposes of setting and

enforcing speed restrictions under this subtitle, and the

commission shall post speed limit signs on property abutting the

private road with the consent of the owner of the property on

which a sign is placed.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 308, Sec. 1, eff. May 29,

1999.

Sec. 542.007. TRAFFIC REGULATIONS: PRIVATE SUBDIVISION IN

CERTAIN COUNTIES. (a) This section applies only to a

subdivision that is located in the unincorporated area of a

county with a population of 500,000 or less.

(b) On petition of 25 percent of the property owners residing in

a subdivision in which the roads are privately maintained or on

the request of the governing body of the entity that maintains

those roads, the commissioners court of the county by order may

extend any traffic rules that apply to a county road to the roads

of the subdivision if the commissioners court finds the order in

the interest of the county generally. The petition must specify

the traffic rules that are sought to be extended. The court order

may extend any or all of the requested traffic rules.

(c) As a condition of extending a traffic rule under Subsection

(b), the commissioners court may require that owners of the

property in the subdivision pay all or part of the cost of

extending and enforcing the traffic rules in the subdivision. The

commissioners court shall consult with the sheriff to determine

the cost of enforcing traffic rules in the subdivision.

(d) On issuance of an order under this section, the private

roads in the subdivision are considered to be county roads for

purposes of the application and enforcement of the specified

traffic rules. The commissioners court may place official traffic

control devices on property abutting the private roads if:

(1) those devices relate to the specified traffic rule; and

(2) the consent of the owner of that property is obtained.

Added by Acts 1999, 76th Leg., ch. 1393, Sec. 1, eff. Sept. 1,

1999. Amended by Acts 2001, 77th Leg., ch. 913, Sec. 2, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 243, Sec. 1, eff. Sept.

1, 2003.

Sec. 542.008. TRAFFIC REGULATIONS: PRIVATE SUBDIVISIONS IN

CERTAIN MUNICIPALITIES. (a) This section applies only to a

subdivision in which the roads are privately owned or maintained

that is located in a municipality with a population of 300 or

more.

(b) On petition of 25 percent of the property owners residing in

the subdivision or on the request of the governing body of the

entity that maintains the roads, the governing body of the

municipality may extend by ordinance any traffic rules that apply

to a road owned by the municipality, or by the county in which

the municipality is located, to the roads in the subdivision so

that the roads of the subdivision are under the same traffic

rules, if the governing body of the municipality finds the

ordinance in the interest of the municipality generally. A

petition under this subsection must specify the traffic rules

that are sought to be extended. The ordinance may extend any or

all of the requested rules.

(c) As a condition of extending a traffic rule under Subsection

(b), the governing body of the municipality may require that

owners of property in the subdivision pay all or part of the cost

of extending and enforcing the traffic rules in the subdivision,

including the costs associated with the placement of necessary

official traffic control devices. The governing body of the

municipality shall consult with the appropriate law enforcement

entity to determine the cost of enforcing traffic rules in the

subdivision.

(d) On issuance of an order under this section, the private

roads in the subdivision are considered to be public highways or

streets for purposes of the application and enforcement of the

specified traffic rules. The governing body of the municipality

may place official traffic control devices on property abutting

the private roads if:

(1) those devices relate to the specified traffic rule; and

(2) the consent of the owner of that property is obtained or an

easement is available for the placement.

Added by Acts 2001, 77th Leg., ch. 913, Sec. 1, eff. Sept. 1,

2001.

Sec. 542.009. OPERATORS OF CERTAIN MOBILITY DEVICES. (a) In

this section, "motorized mobility device" means a device designed

for transportation of persons with physical disabilities that:

(1) has three or more wheels;

(2) is propelled by a battery-powered motor;

(3) has not more than one forward gear; and

(4) is not capable of speeds exceeding eight miles per hour.

(b) For the purposes of this subtitle, a person operating a

nonmotorized wheelchair or motorized mobility device is

considered to be a pedestrian.

Added by Acts 2001, 77th Leg., ch. 497, Sec. 2, eff. June 11,

2001. Renumbered from Transportation Code Sec. 542.008 by Acts

2003, 78th Leg., ch. 1275, Sec. 2(135), eff. Sept. 1, 2003.

SUBCHAPTER B. UNIFORMITY AND INTERPRETATION OF TRAFFIC LAWS

Sec. 542.201. GENERAL RULE OF UNIFORMITY. This subtitle applies

uniformly throughout this state. A local authority may not enact

or enforce an ordinance or rule that conflicts with this subtitle

unless expressly authorized by this subtitle. However, a local

authority may regulate traffic in a manner that does not conflict

with this subtitle.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.202. POWERS OF LOCAL AUTHORITIES. (a) This subtitle

does not prevent a local authority, with respect to a highway

under its jurisdiction and in the reasonable exercise of the

police power, from:

(1) regulating traffic by police officers or traffic-control

devices;

(2) regulating the stopping, standing, or parking of a vehicle;

(3) regulating or prohibiting a procession or assemblage on a

highway;

(4) regulating the operation and requiring registration and

licensing of a bicycle or electric bicycle, including payment of

a registration fee, except as provided by Section 551.106;

(5) regulating the time, place, and manner in which a roller

skater may use a highway;

(6) regulating the speed of a vehicle in a public park;

(7) regulating or prohibiting the turning of a vehicle or

specified type of vehicle at an intersection;

(8) designating an intersection as a stop intersection or a

yield intersection and requiring each vehicle to stop or yield at

one or more entrances to the intersection;

(9) designating a highway as a through highway;

(10) designating a highway as a one-way highway and requiring

each vehicle on the highway to move in one specific direction;

(11) designating school crossing guards and school crossing

zones;

(12) altering a speed limit as authorized by this subtitle; or

(13) adopting other traffic rules specifically authorized by

this subtitle.

(b) In this section:

(1) "Roller skater" means a person wearing footwear with a set

of wheels attached.

(2) "Through highway" means a highway or a portion of a highway

on which:

(A) vehicular traffic is given preferential right-of-way; and

(B) vehicular traffic entering from an intersecting highway is

required by law to yield right-of-way in compliance with an

official traffic-control device.

(3) "Regulating" means criminal, civil, and administrative

enforcement against a person, including the owner or operator of

a motor vehicle, in accordance with a state law or a municipal

ordinance.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1085, Sec. 6, eff. Sept. 1,

2001; Acts 2003, 78th Leg., ch. 359, Sec. 1, eff. Sept. 1, 2003.

Sec. 542.203. LIMITATION ON LOCAL AUTHORITIES. (a) A local

authority may not erect or maintain a traffic-control device to

direct the traffic on a state highway, including a farm-to-market

or ranch-to-market road, to stop or yield before entering or

crossing an intersecting highway unless permitted by agreement

between the local authority and the Texas Department of

Transportation under Section 221.002.

(b) An ordinance or rule of a local authority is not effective

until signs giving notice are posted on or at the entrance to the

highway or part of the highway, as may be most appropriate. This

subsection applies only to an ordinance or rule that:

(1) regulates the speed of a vehicle in a public park;

(2) alters a speed limit as authorized by this subtitle;

(3) designates an intersection as a stop intersection or a yield

intersection; or

(4) designates a highway as a one-way highway or a through

highway.

(c) An ordinance or rule of a local authority regulating the

time, place, and manner in which a roller skater may use a

highway may not alter the local authority's standard of care or

liability with regard to construction, design, or maintenance of

a highway.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.2035. LIMITATION ON MUNICIPALITIES. (a) A

municipality may not implement or operate an automated traffic

control system with respect to a highway or street under its

jurisdiction for the purpose of enforcing compliance with posted

speed limits. The attorney general shall enforce this

subsection.

(b) In this section, "automated traffic control system" means a

photographic device, radar device, laser device, or other

electrical or mechanical device designed to:

(1) record the speed of a motor vehicle; and

(2) obtain one or more photographs or other recorded images of:

(A) the vehicle;

(B) the license plate attached to the vehicle; or

(C) the operator of the vehicle.

Added by Acts 2007, 80th Leg., R.S., Ch.

646, Sec. 1, eff. June 15, 2007.

Sec. 542.204. POWERS RELATED TO INTERSECTIONS. The Texas

Transportation Commission and a local authority may, in a matter

of highway or traffic engineering design, consider the separate

intersections of divided highways with medians at least 30 feet

apart as components of a single intersection.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.205. CONFLICT BETWEEN THIS SUBTITLE AND AN ORDER, RULE,

OR REGULATION OF CERTAIN AGENCIES. (a) If this subtitle

conflicts with an order, rule, regulation, or requirement of the

federal Surface Transportation Board or the department relating

to a vehicle safety requirement, including a requirement relating

to vehicle equipment, compliance by the owner or operator of the

vehicle with the order, rule, regulation, or requirement of the

federal Surface Transportation Board or the department is

compliance with this subtitle.

(b) The owner or operator of a vehicle shall comply with any

requirement of this subtitle that is in addition to, but not in

conflict with, a requirement of the federal Surface

Transportation Board or the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.104, eff. Sept.

1, 1997.

Sec. 542.206. EFFECT OF SPEED LIMITS IN A CIVIL ACTION. A

provision of this subtitle declaring a maximum or minimum speed

limit does not relieve the plaintiff in a civil action from the

burden of proving negligence of the defendant as the proximate

cause of an accident.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER C. OFFENSES

Sec. 542.301. GENERAL OFFENSE. (a) A person commits an offense

if the person performs an act prohibited or fails to perform an

act required by this subtitle.

(b) Except as otherwise provided, an offense under this subtitle

is a misdemeanor.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.302. OFFENSE BY PERSON OWNING OR CONTROLLING VEHICLE.

A person who owns a vehicle or employs or otherwise directs the

operator of a vehicle commits an offense if the person requires

or knowingly permits the operator of the vehicle to operate the

vehicle in a manner that violates law.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.303. INCHOATE OFFENSE. (a) A person who attempts to

commit or conspires to commit an act declared by this subtitle to

be an offense is guilty of the offense.

(b) A person who falsely, fraudulently, or wilfully permits

another to violate this subtitle is guilty of the violation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. PENALTIES AND COSTS OF COURT

Sec. 542.401. GENERAL PENALTY. A person convicted of an offense

that is a misdemeanor under this subtitle for which another

penalty is not provided shall be punished by a fine of not less

than $1 or more than $200.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 542.402. DISPOSITION OF FINES. (a) A municipality or

county shall use a fine collected for a violation of a highway

law in this title to:

(1) construct and maintain roads, bridges, and culverts in the

municipality or county;

(2) enforce laws regulating the use of highways by motor

vehicles; and

(3) defray the expense of county traffic officers.

(b) In each fiscal year, a municipality having a population of

less than 5,000 may retain, from fines collected for violations

of this title and from special expenses collected under Article

45.051, Code of Criminal Procedure, in cases in which a violation

of this title is alleged, an amount equal to 30 percent of the

municipality's revenue for the preceding fiscal year from all

sources, other than federal funds and bond proceeds, as shown by

the audit performed under Section 103.001, Local Government Code.

After a municipality has retained that amount, the municipality

shall send to the comptroller any portion of a fine or a special

expense collected that exceeds $1.

(c) The comptroller shall enforce Subsection (b).

(d) In a fiscal year in which a municipality retains from fines

and special expenses collected for violations of this title an

amount equal to at least 20 percent of the municipality's revenue

for the preceding fiscal year from all sources other than federal

funds and bond proceeds, not later than the 120th day after the

last day of the municipality's fiscal year, the municipality

shall send to the comptroller:

(1) a copy of the municipality's financial statement for that

fiscal year filed under Chapter 103, Local Government Code; and

(2) a report that shows the total amount collected for that

fiscal year from fines and special expenses under Subsection (b).

(e) If an audit is conducted by the comptroller under Subsection

(c) and it is determined that the municipality is retaining more

than 20 percent of the amounts under Subsection (b) and has not

complied with Subsection (d), the municipality shall pay the

costs incurred by the comptroller in conducting the audit.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 165, Sec. 30.105(a), eff.

Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1336, Sec. 1, eff. Sept.

1, 1999; Acts 1999, 76th Leg., ch. 1545, Sec. 72, eff. Sept. 1,

1999.

Sec. 542.403. COURT COSTS. (a) In addition to other costs, a

person convicted of a misdemeanor under this subtitle shall pay

$3 as a cost of court.

(b) The officer who collects a cost under this section shall:

(1) deposit in the municipal treasury a cost collected in a

municipal court case; and

(2) deposit in the county treasury a cost collected in a justice

court case or in a county court case, including a case appealed

from a justice or municipal court.

(c) In this section, "conviction" has the meaning assigned by

Section 133.101, Local Government Code.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 209, Sec. 77(a), eff. Jan.

1, 2004.

Sec. 542.4031. STATE TRAFFIC FINE. (a) In addition to the fine

prescribed by Section 542.401 or another section of this

subtitle, as applicable, a person who enters a plea of guilty or

nolo contendere to or is convicted of an offense under this

subtitle shall pay $30 as a state traffic fine. The person shall

pay the state traffic fine when the person enters the person's

plea of guilty or nolo contendere, or on the date of conviction,

whichever is earlier. The state traffic fine shall be paid

regardless of whether:

(1) a sentence is imposed on the person;

(2) the court defers final disposition of the person's case; or

(3) the person is placed on community supervision, including

deferred adjudication community supervision.

(b) An officer collecting a state traffic fine under this

section in a case in municipal court shall keep separate records

of the money collected and shall deposit the money in the

municipal treasury.

(c) An officer collecting a state traffic fine under this

section in a justice, county, or district court shall keep

separate records of the money collected and shall deposit the

money in the county treasury.

(d) Each calendar quarter, an officer collecting a state traffic

fine under this section shall submit a report to the comptroller.

The report must comply with Articles 103.005(c) and (d), Code of

Criminal Procedure.

(e) The custodian of money in a municipal or county treasury may

deposit money collected under this section in an interest-bearing

account. The custodian shall:

(1) keep records of the amount of money collected under this

section that is on deposit in the treasury; and

(2) not later than the last day of the month following each

calendar quarter, remit to the comptroller money collected under

this section during the preceding quarter, as required by the

comptroller.

(f) A municipality or county may retain five percent of the

money collected under this section as a service fee for the

collection if the municipality or county remits the funds to the

comptroller within the period prescribed in Subsection (e). The

municipality or county may retain any interest accrued on the

money if the custodian of the money deposited in the treasury

keeps records of the amount of money collected under this section

that is on deposit in the treasury and remits the funds to the

comptroller within the period prescribed in Subsection (e).

(g) Of the money received by the comptroller under this section,

the comptroller shall deposit:

(1) 67 percent to the credit of the undedicated portion of the

general revenue fund; and

(2) 33 percent to the credit of the designated trauma facility

and emergency medical services account under Section 780.003,

Health and Safety Code.

(h) Notwithstanding Subsection (g)(1), in any state fiscal year

the comptroller shall deposit 67 percent of the money received

under Subsection (e)(2) to the credit of the general revenue fund

only until the total amount of the money deposited to the credit

of the general revenue fund under Subsection (g)(1) and Section

780.002(b), Health and Safety Code, equals $250 million for that

year. If in any state fiscal year the amount received by the

comptroller under those laws for deposit to the credit of the

general revenue fund exceeds $250 million, the comptroller shall

deposit the additional amount to the credit of the Texas mobility

fund.

(i) Money collected under this section is subject to audit by

the comptroller. Money spent is subject to audit by the state

auditor.

(j) Repealed by Acts 2003, 78th Leg., 3rd C.S., ch. 8, Sec.

6.02.

(k) Repealed by Acts 2005, 79th Leg., Ch. 1123, Sec. 6(2), eff.

September 1, 2005.

Added by Acts 2003, 78th Leg., ch. 1325, Sec. 12.01(a), eff.

Sept. 1, 2003. Amended by Acts 2003, 78th Leg., 3rd C.S., ch. 8,

Sec. 2.01, 2.02, 6.02(2), eff. Jan. 11, 2004.

Amended by:

Acts 2005, 79th Leg., Ch.

1123, Sec. 6(2), eff. September 1, 2005.

Sec. 542.404. FINE FOR OFFENSE IN CONSTRUCTION OR MAINTENANCE

WORK ZONE. (a) If an offense under this subtitle, other than an

offense under Chapter 548 or 552 or Section 545.412 or 545.413,

is committed in a construction or maintenance work zone when

workers are present and any written notice to appear issued for

the offense states on its face that workers were present when the

offense was committed:

(1) the minimum fine applicable to the offense is twice the

minimum fine that would be applicable to the offense if it were

committed outside a construction or maintenance work zone; and

(2) the maximum fine applicable to the offense is twice the

maximum fine that would be applicable to the offense if it were

committed outside a construction or maintenance work zone.

(b) In this section, "construction or maintenance work zone" has

the meaning assigned by Section 472.022.

Added by Acts 1997, 75th Leg., ch. 674, Sec. 2, eff. Jan. 1,

1998. Amended by Acts 1999, 76th Leg., ch. 789, Sec. 3, eff.

Sept. 1, 1999.

Sec. 542.4045. PENALTIES FOR FAILURE TO YIELD RIGHT-OF-WAY

OFFENSE RESULTING IN ACCIDENT. If it is shown on the trial of an

offense under this subtitle in which an element is the failure by

the operator of a vehicle to yield the right-of-way to another

vehicle that an accident resulted from the operator's failure to

yield the right-of-way:

(1) the offense is punishable by a fine of not less than $500 or

more than $2,000, if a person other than the operator of the

vehicle suffered bodily injury, as defined by Section 1.07, Penal

Code, in the accident; and

(2) the offense is punishable by a fine of not less than $1,000

or more than $4,000, if a person other than the operator of the

vehicle suffered serious bodily injury, as defined by Section

1.07, Penal Code, in the accident.

Added by Acts 2009, 81st Leg., R.S., Ch.

1391, Sec. 6, eff. September 1, 2009.

Sec. 542.405. AMOUNT OF CIVIL PENALTY; LATE PAYMENT PENALTY. If

a local authority enacts an ordinance to enforce compliance with

the instructions of a traffic-control signal by the imposition of

a civil or administrative penalty, the amount of:

(1) the civil or administrative penalty may not exceed $75; and

(2) a late payment penalty may not exceed $25.

Added by Acts 2007, 80th Leg., R.S., Ch.

1027, Sec. 9, eff. September 1, 2007.

Sec. 542.406. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC PENALTIES.

(a) In this section, "photographic traffic signal enforcement

system" means a system that:

(1) consists of a camera system and vehicle sensor installed to

exclusively work in conjunction with an electrically operated

traffic-control signal;

(2) is capable of producing one or more recorded photographic or

digital 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;

and

(3) is designed to enforce compliance with the instructions of

the traffic-control signal by imposition of a civil or

administrative penalty against the owner of the motor vehicle.

(b) This section applies only to a civil or administrative

penalty imposed on the owner of a motor vehicle by a local

authority that operates or contracts for the operation of a

photographic traffic signal enforcement system with respect to a

highway under its jurisdiction or that operates or contracts for

the operation of any other type of electronic traffic law

enforcement system consisting of a camera system that

automatically produces one or more recorded photographs or

digital images of the license plate on a motor vehicle or the

operator of a motor vehicle.

(c) Not later than the 60th day after the end of a local

authority's fiscal year, after deducting amounts the local

authority is authorized by Subsection (d) to retain, the local

authority shall:

(1) send 50 percent of the revenue derived from civil or

administrative penalties collected by the local authority under

this section to the comptroller for deposit to the credit of the

regional trauma account established under Section 782.002, Health

and Safety Code; and

(2) deposit the remainder of the revenue in a special account in

the local authority's treasury that may be used only to fund

traffic safety programs, including pedestrian safety programs,

public safety programs, intersection improvements, and traffic

enforcement.

(d) A local authority may retain an amount necessary to cover

the costs of:

(1) purchasing or leasing equipment that is part of or used in

connection with the photographic traffic signal enforcement

system in the local authority;

(2) installing the photographic traffic signal enforcement

system at sites in the local authority, including the costs of

installing cameras, flashes, computer equipment, loop sensors,

detectors, utility lines, data lines, poles and mounts,

networking equipment, and associated labor costs;

(3) operating the photographic traffic signal enforcement system

in the local authority, including the costs of creating,

distributing, and delivering violation notices, review of

violations conducted by employees of the local authority, the

processing of fine payments and collections, and the costs

associated with administrative adjudications and appeals; and

(4) maintaining the general upkeep and functioning of the

photographic traffic signal enforcement system.

(e) Chapter 133, Local Government Code, applies to fee revenue

described by Subsection (c)(1).

(f) If under Section 133.059, Local Government Code, the

comptroller conducts an audit of a local authority and determines

that the local authority retained more than the amounts

authorized by this section or failed to deposit amounts as

required by this section, the comptroller may impose a penalty on

the local authority equal to twice the amount the local

authority:

(1) retained in excess of the amount authorized by this section;

or

(2) failed to deposit as required by this section.

Added by Acts 2007, 80th Leg., R.S., Ch.

1027, Sec. 9, eff. September 1, 2007.

SUBCHAPTER E. MISCELLANEOUS

Sec. 542.501. OBEDIENCE REQUIRED TO POLICE OFFICERS AND TO

SCHOOL CROSSING GUARDS. A person may not wilfully fail or refuse

to comply with a lawful order or direction of:

(1) a police officer; or

(2) a school crossing guard who:

(A) is performing crossing guard duties in a school crosswalk to

stop and yield to a pedestrian; or

(B) has been trained under Section 600.004 and is directing

traffic in a school crossing zone.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 724, Sec. 1, eff. Aug. 30,

1999.