| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring warning signs before intersections at which a |
|
|
municipality uses a photographic traffic monitoring system to |
|
|
enforce compliance with a traffic-control signal. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 544, Transportation Code, is amended by |
|
|
adding Section 544.012 to read as follows: |
|
|
Sec. 544.012. NOTIFICATION OF PHOTOGRAPHIC TRAFFIC |
|
|
MONITORING SYSTEM. (a) In this section: |
|
|
(1) "Photographic traffic monitoring system" means a |
|
|
system that: |
|
|
(A) consists of a camera and vehicle sensor |
|
|
installed to work in conjunction with an electrically operated |
|
|
traffic-control signal; and |
|
|
(B) is capable of producing one or more recorded |
|
|
images that depict the license plate attached to the rear of a motor |
|
|
vehicle that is not operated in compliance with the instructions of |
|
|
the traffic-control signal. |
|
|
(2) "Recorded image" means an image that: |
|
|
(A) depicts the rear of a motor vehicle; and |
|
|
(B) is automatically recorded on a photograph or |
|
|
digital image. |
|
|
(b) This section applies only to a municipality that |
|
|
pursuant to an ordinance of the municipality employs a photographic |
|
|
traffic monitoring system to enforce compliance with the |
|
|
instructions of traffic-control signals in the municipality. |
|
|
(c) The municipality shall install signs along each roadway |
|
|
that leads to an intersection at which a photographic traffic |
|
|
monitoring system is in active use. The signs must be at least 100 |
|
|
feet from the intersection, 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. The Texas Department of Transportation by |
|
|
rule shall specify the shape, color, dimensions, wording, and |
|
|
reflectorization of the signs. |
|
|
(d) A municipality that fails to comply with Subsection (c) |
|
|
may not impose or attempt to impose a civil or administrative |
|
|
penalty against a person, including the owner of a motor vehicle or |
|
|
an operator, for a failure to comply with the instructions of a |
|
|
traffic-control signal located at the applicable intersection. |
|
|
(e) Subsection (d) does not prohibit a peace officer from |
|
|
arresting or issuing a citation and notice to appear to a person |
|
|
whom the officer observes to have failed to comply with the |
|
|
instructions of a traffic-control signal located at the |
|
|
intersection. |
|
|
SECTION 2. Not later than January 1, 2008, the Texas |
|
|
Department of Transportation shall adopt rules specifying the |
|
|
design of the signage required by Section 544.012, Transportation |
|
|
Code, as added by this Act. |
|
|
SECTION 3. This Act takes effect September 1, 2007. |