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AN ACT
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relating to requiring warning signs before intersections at which a |
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municipality uses a photographic traffic monitoring system to |
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enforce compliance with a traffic-control signal. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 544, Transportation Code, is amended by |
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adding Section 544.012 to read as follows: |
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Sec. 544.012. NOTIFICATION OF PHOTOGRAPHIC TRAFFIC |
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MONITORING SYSTEM. (a) In this section: |
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(1) "Photographic traffic monitoring system" means a |
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system that: |
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(A) consists of a camera and vehicle sensor |
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installed to work in conjunction with an electrically operated |
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traffic-control signal; and |
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(B) is capable of producing one or more recorded |
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images that depict the license plate attached to a motor vehicle |
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that is not operated in compliance with the instructions of the |
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traffic-control signal. |
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(2) "Recorded image" means an image that: |
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(A) depicts a motor vehicle; and |
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(B) is automatically recorded on a photograph or |
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digital image. |
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(b) This section applies only to a municipality that |
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pursuant to an ordinance of the municipality employs a photographic |
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traffic monitoring system to enforce compliance with the |
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instructions of traffic-control signals in the municipality. |
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(c) The municipality shall install signs along each roadway |
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that leads to an intersection at which a photographic traffic |
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monitoring system is in active use. The signs must be at least 100 |
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feet from the intersection or located according to standards |
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established in the manual adopted by the Texas Transportation |
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Commission under Section 544.001, be easily readable to any |
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operator approaching the intersection, and clearly indicate the |
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presence of a photographic monitoring system that records |
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violations that may result in the issuance of a notice of violation |
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and the imposition of a monetary penalty. |
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(d) A municipality that fails to comply with Subsection (c) |
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may not impose or attempt to impose a civil or administrative |
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penalty against a person, including the owner of a motor vehicle or |
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an operator, for a failure to comply with the instructions of a |
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traffic-control signal located at the applicable intersection. |
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(e) Subsection (d) does not prohibit a peace officer from |
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arresting or issuing a citation and notice to appear to a person |
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whom the officer observes to have failed to comply with the |
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instructions of a traffic-control signal located at the |
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intersection. |
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SECTION 2. This Act takes effect September 1, 2007. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1052 was passed by the House on April |
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19, 2007, by the following vote: Yeas 142, Nays 0, 2 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1052 was passed by the Senate on May |
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21, 2007, by the following vote: Yeas 29, Nays 2. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |