CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM - Texas Statutes

TRANSPORTATION CODE

TITLE 7. VEHICLES AND TRAFFIC

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL

ENFORCEMENT SYSTEM

Sec. 707.001. DEFINITIONS. In this chapter:

(1) "Local authority" has the meaning assigned by Section

541.002.

(2) "Owner of a motor vehicle" means the owner of a motor

vehicle as shown on the motor vehicle registration records of the

Texas Department of Motor Vehicles or the analogous department or

agency of another state or country.

(3) "Photographic traffic signal enforcement system" means a

system that:

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

exclusively work in conjunction with an electrically operated

traffic-control signal; and

(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.

(4) "Recorded image" means a photographic or digital image that

depicts the front or the rear of a motor vehicle.

(5) "Traffic-control signal" has the meaning assigned by Section

541.304.

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

1149, Sec. 1, eff. September 1, 2007.

Amended by:

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

933, Sec. 2T.01, eff. September 1, 2009.

Sec. 707.002. 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).

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.0021. IMPOSITION OF CIVIL PENALTY ON OWNER OF

AUTHORIZED EMERGENCY VEHICLE. (a) In this section, "authorized

emergency vehicle" has the meaning assigned by Section 541.201.

(b) A local authority may not impose or attempt to impose a

civil penalty under this chapter on the owner of an authorized

emergency vehicle.

(c) This section does not prohibit an employer from taking

disciplinary action against an employee who as the operator of an

authorized emergency vehicle operated the vehicle in violation of

a rule or policy of the employer.

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

502, Sec. 1, eff. September 1, 2009.

Sec. 707.003. 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.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.004. 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).

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.005. MINIMUM CHANGE INTERVAL. At an intersection at

which a photographic traffic monitoring system is in use, the

minimum change interval for a steady yellow signal must be

established in accordance with the Texas Manual on Uniform

Traffic Control Devices.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.006. GENERAL SURVEILLANCE PROHIBITED; OFFENSE. (a) A

local authority shall operate a photographic traffic control

signal enforcement system only for the purpose of detecting a

violation or suspected violation of a traffic-control signal.

(b) A person commits an offense if the person uses a

photographic traffic signal enforcement system to produce a

recorded image other than in the manner and for the purpose

specified by this chapter.

(c) An offense under this section is a Class A misdemeanor.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.007. 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.

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.008. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC PENALTIES.

(a) 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 (b) 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.

(b) 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.

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

described by Subsection (a)(1).

(d) 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.

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.009. REQUIRED ORDINANCE PROVISIONS. An ordinance

adopted under Section 707.002 must provide that a person against

whom the local authority seeks to impose a civil penalty is

entitled to a hearing and shall:

(1) provide for the period in which the hearing must be held;

(2) provide for the appointment of a hearing officer with

authority to administer oaths and issue orders compelling the

attendance of witnesses and the production of documents; and

(3) designate the department, agency, or office of the local

authority responsible for the enforcement and administration of

the ordinance or provide that the entity with which the local

authority contracts under Section 707.003(a)(1) is responsible

for the enforcement and administration of the ordinance.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.010. EFFECT ON OTHER ENFORCEMENT. (a) The

implementation of a photographic traffic signal enforcement

system by a local authority under this chapter does not:

(1) preclude the application or enforcement in the local

authority of Section 544.007(d) in the manner prescribed by

Chapter 543; or

(2) prohibit a peace officer from arresting a violator of

Section 544.007(d) as provided by Chapter 543, if the peace

officer personally witnesses the violation, or from issuing the

violator a citation and notice to appear as provided by that

chapter.

(b) A local authority may not impose a civil penalty under this

chapter on the owner of a motor vehicle if the operator of the

vehicle was arrested or issued a citation and notice to appear by

a peace officer for the same violation of Section 544.007(d)

recorded by the photographic traffic signal enforcement system.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.011. NOTICE OF VIOLATION; CONTENTS. (a) The

imposition of a civil penalty under this chapter is initiated by

the mailing of a notice of violation to the owner of the motor

vehicle against whom the local authority seeks to impose the

civil penalty.

(b) Not later than the 30th day after the date the violation is

alleged to have occurred, the designated department, agency, or

office of the local authority or the entity with which the local

authority contracts under Section 707.003(a)(1) shall mail the

notice of violation to the owner at:

(1) the owner's address as shown on the registration records of

the Texas Department of Motor Vehicles; or

(2) if the vehicle is registered in another state or country,

the owner's address as shown on the motor vehicle registration

records of the department or agency of the other state or country

analogous to the Texas Department of Motor Vehicles.

(c) The notice of violation must contain:

(1) a description of the violation alleged;

(2) the location of the intersection where the violation

occurred;

(3) the date and time of the violation;

(4) the name and address of the owner of the vehicle involved in

the violation;

(5) the registration number displayed on the license plate of

the vehicle involved in the violation;

(6) a copy of a recorded image of the violation limited solely

to a depiction of the area of the registration number displayed

on the license plate of the vehicle involved in the violation;

(7) the amount of the civil penalty for which the owner is

liable;

(8) the number of days the person has in which to pay or contest

the imposition of the civil penalty and a statement that the

person incurs a late payment penalty if the civil penalty is not

paid or imposition of the penalty is not contested within that

period;

(9) a statement that the owner of the vehicle in the notice of

violation may elect to pay the civil penalty by mail sent to a

specified address instead of appearing at the time and place of

the administrative adjudication hearing; and

(10) information that informs the owner of the vehicle named in

the notice of violation:

(A) of the owner's right to contest the imposition of the civil

penalty against the person in an administrative adjudication

hearing;

(B) that imposition of the civil penalty may be contested by

submitting a written request for an administrative adjudication

hearing before the expiration of the period specified under

Subdivision (8); and

(C) that failure to pay the civil penalty or to contest

liability for the penalty in a timely manner is an admission of

liability and a waiver of the owner's right to appeal the

imposition of the civil penalty.

(d) A notice of violation is presumed to have been received on

the fifth day after the date the notice is mailed.

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

1149, Sec. 1, eff. September 1, 2007.

Amended by:

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

933, Sec. 2T.02, eff. September 1, 2009.

Sec. 707.012. ADMISSION OF LIABILITY. A person who fails to pay

the civil penalty or to contest liability for the penalty in a

timely manner or who requests an administrative adjudication

hearing to contest the imposition of the civil penalty against

the person and fails to appear at that hearing is considered to:

(1) admit liability for the full amount of the civil penalty

stated in the notice of violation mailed to the person; and

(2) waive the person's right to appeal the imposition of the

civil penalty.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.013. PRESUMPTION. (a) It is presumed that the owner

of the motor vehicle committed the violation alleged in the

notice of violation mailed to the person if the motor vehicle

depicted in a photograph or digital image taken by a photographic

traffic signal enforcement system belongs to the owner of the

motor vehicle.

(b) If, at the time of the violation alleged in the notice of

violation, the motor vehicle depicted in a photograph or digital

image taken by a photographic traffic signal enforcement system

was owned by a person in the business of selling, renting, or

leasing motor vehicles or by a person who was not the person

named in the notice of violation, the presumption under

Subsection (a) is rebutted on the presentation of evidence

establishing that the vehicle was at that time:

(1) being test driven by another person;

(2) being rented or leased by the vehicle's owner to another

person; or

(3) owned by a person who was not the person named in the notice

of violation.

(c) Notwithstanding Section 707.014, the presentation of

evidence under Subsection (b) by a person who is in the business

of selling, renting, or leasing motor vehicles or did not own the

vehicle at the time of the violation must be made by affidavit,

through testimony at the administrative adjudication hearing

under Section 707.014, or by a written declaration under penalty

of perjury. The affidavit or written declaration may be

submitted by mail to the local authority or the entity with which

the local authority contracts under Section 707.003(a)(1).

(d) If the presumption established by Subsection (a) is rebutted

under Subsection (b), a civil penalty may not be imposed on the

owner of the vehicle or the person named in the notice of

violation, as applicable.

(e) If, at the time of the violation alleged in the notice of

violation, the motor vehicle depicted in the photograph or

digital image taken by the photographic traffic signal

enforcement system was owned by a person in the business of

renting or leasing motor vehicles and the vehicle was being

rented or leased to an individual, the owner of the motor vehicle

shall provide to the local authority or the entity with which the

local authority contracts under Section 707.003(a)(1) the name

and address of the individual who was renting or leasing the

motor vehicle depicted in the photograph or digital image and a

statement of the period during which that individual was renting

or leasing the vehicle. The owner shall provide the information

required by this subsection not later than the 30th day after the

date the notice of violation is received. If the owner provides

the required information, it is presumed that the individual

renting or leasing the motor vehicle committed the violation

alleged in the notice of violation and the local authority or

contractor may send a notice of violation to that individual at

the address provided by the owner of the motor vehicle.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.014. ADMINISTRATIVE ADJUDICATION HEARING. (a) A

person who receives a notice of violation under this chapter may

contest the imposition of the civil penalty specified in the

notice of violation by filing a written request for an

administrative adjudication hearing. The request for a hearing

must be filed on or before the date specified in the notice of

violation, which may not be earlier than the 30th day after the

date the notice of violation was mailed.

(b) On receipt of a timely request for an administrative

adjudication hearing, the local authority shall notify the person

of the date and time of the hearing.

(c) A hearing officer designated by the governing body of the

local authority shall conduct the administrative adjudication

hearing.

(d) In an administrative adjudication hearing, the issues must

be proven by a preponderance of the evidence.

(e) The reliability of the photographic traffic signal

enforcement system used to produce the recorded image of the

motor vehicle involved in the violation may be attested to by

affidavit of an officer or employee of the local authority or of

the entity with which the local authority contracts under Section

707.003(a)(1) who is responsible for inspecting and maintaining

the system.

(f) An affidavit of an officer or employee of the local

authority or entity that alleges a violation based on an

inspection of the applicable recorded image is:

(1) admissible in the administrative adjudication hearing and in

an appeal under Section 707.016; and

(2) evidence of the facts contained in the affidavit.

(g) At the conclusion of the administrative adjudication

hearing, the hearing officer shall enter a finding of liability

for the civil penalty or a finding of no liability for the civil

penalty. A finding under this subsection must be in writing and

be signed and dated by the hearing officer.

(h) A finding of liability for a civil penalty must specify the

amount of the civil penalty for which the person is liable. If

the hearing officer enters a finding of no liability, a civil

penalty for the violation may not be imposed against the person.

(i) A finding of liability or a finding of no liability entered

under this section may:

(1) be filed with the clerk or secretary of the local authority

or with a person designated by the governing body of the local

authority; and

(2) be recorded on microfilm or microfiche or using data

processing techniques.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.015. UNTIMELY REQUEST FOR ADMINISTRATIVE ADJUDICATION

HEARING. Notwithstanding any other provision of this chapter, a

person who receives a notice of violation under this chapter and

who fails to timely pay the amount of the civil penalty or fails

to timely request an administrative adjudication hearing is

entitled to an administrative adjudication hearing if:

(1) the person submits a written request for the hearing to the

designated hearing officer, accompanied by an affidavit that

attests to the date on which the person received the notice of

violation; and

(2) the written request and affidavit are submitted to the

hearing officer within the same number of days after the date the

person received the notice of violation as specified under

Section 707.011(c)(8).

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.016. APPEAL. (a) The owner of a motor vehicle

determined by a hearing officer to be liable for a civil penalty

may appeal that determination to a judge by filing an appeal

petition with the clerk of the court. The petition must be filed

with:

(1) a justice court of the county in which the local authority

is located; or

(2) if the local authority is a municipality, the municipal

court of the municipality.

(b) The petition must be:

(1) filed before the 31st day after the date on which the

administrative adjudication hearing officer entered the finding

of liability for the civil penalty; and

(2) accompanied by payment of the costs required by law for the

court.

(c) The court clerk shall schedule a hearing and notify the

owner of the motor vehicle and the appropriate department,

agency, or office of the local authority of the date, time, and

place of the hearing.

(d) An appeal stays enforcement and collection of the civil

penalty imposed against the owner of the motor vehicle. The

owner shall file a notarized statement of personal financial

obligation to perfect the owner's appeal.

(e) An appeal under this section shall be determined by the

court by trial de novo.

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

1149, Sec. 1, eff. September 1, 2007.

Text of section as amended by Acts 2009, 81st Leg., R.S., Ch.

266, Sec. 1

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch.

542, Sec. 4, see other Sec. 707.017.

Sec. 707.017. ENFORCEMENT. (a) If the owner of a motor vehicle

is delinquent in the payment of a civil penalty imposed under

this chapter, the county assessor-collector or the Texas

Department of Motor Vehicles may refuse to register a motor

vehicle alleged to have been involved in the violation.

(b) This section does not apply to the registration of a motor

vehicle under Section 501.0234.

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

1149, Sec. 1, eff. September 1, 2007.

Amended by:

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

266, Sec. 1, eff. May 30, 2009.

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

933, Sec. 2T.03, eff. September 1, 2009.

Text of section as amended by Acts 2009, 81st Leg., R.S., Ch.

542, Sec. 4

For text of section as amended by Acts 2009, 81st Leg., R.S., Ch.

266, Sec. 1, see other Sec. 707.017.

Sec. 707.017. ENFORCEMENT. If the owner of a motor vehicle is

delinquent in the payment of a civil penalty imposed under this

chapter, the county assessor-collector or the Texas Department of

Motor Vehicles may refuse to register a motor vehicle alleged to

have been involved in the violation. This section does not apply

to the registration of a motor vehicle under Section 501.0234.

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

1149, Sec. 1, eff. September 1, 2007.

Amended by:

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

542, Sec. 4, eff. September 1, 2009.

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

933, Sec. 2T.03, eff. September 1, 2009.

Sec. 707.018. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION. The

imposition of a civil penalty under this chapter is not a

conviction and may not be considered a conviction for any

purpose.

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

1149, Sec. 1, eff. September 1, 2007.

Sec. 707.019. FAILURE TO PAY CIVIL PENALTY. (a) If the owner

of the motor vehicle fails to timely pay the amount of the civil

penalty imposed against the owner:

(1) an arrest warrant may not be issued for the owner; and

(2) the imposition of the civil penalty may not be recorded on

the owner's driving record.

(b) Notice of Subsection (a) must be included in the notice of

violation required by Section 707.011(c).

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

1149, Sec. 1, eff. September 1, 2007.