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Item 9ACITY OF SOUTH LAKE MEMORANDUM 8 April 2008 To: Shana Yelverton, City Manager From: Jim C. Blagg, Assistant City Manager /Director of Public Safety Subject: Consider Recommendation for the Placement of Red Light Cameras Action Requested: Approve Recommendation for the Placement of Red Light Cameras at FM 114 & Gateway and FM 1709 & Pearson Background Information: On August 31, 2007 the City Council approved a contract with Redflex Traffic Systems, Inc. to assist the City in implementing a photographic traffic signal enforcement system in conformance with S. B. 1119. On December 18, 2007 the City Council adopted Ordinance 922 to begin the implementation of the photographic traffic signal enforcement system. Ordinance 922 requires that the City Council appoint a Citizen's Advisory Committee whose responsibility is to "review the traffic engineering study that is required by the ordinance and advise the City Council on the installation and operation of the photographic traffic signal enforcement systems installed within the City based solely on such study. The Committee shall not have any authority over the photographic traffic signal enforcement systems other than to make a recommendation to the City Council with respect to decision concerning the installation of such systems based solely on the traffic engineering study." Based on data collected by Police Services over an 18 month period, the video survey conducted by Redflex and a review of the intersections performed by traffic engineer, the City staff is recommending that photographic traffic signal enforcement systems be placed at the following intersections: FM 114 & Gateway SB Left Straight Right Total 20 9 37 66 FM 1709 & Pearson EB 0 23 23 B 0 27 1 28 Financial Considerations: Citizen Input/ Board Review: Legal Review: Alternatives: Supporting Documents: Staff Recommendation: Staff Contact: The City will receive one half of the net revenues from the citations written as a result of the placement of these cameras. The Red Light Camera Citizen's Advisory Committee met on 8 April 2008 and approve the placement of red light cameras at these locations by a vote of 6 -0 N/A Do not approve these sites Ordinance No. 922, S.B 1119 and traffic engineering study Approve Recommendation for the Placement of Red Light Cameras at FM 114 & Gateway and FM 1709 & Pearson Jim C. Blagg, Assistant City Manager /Director of Public Safety SOUTHLAKE TEXAS Traffic Engineering Study for Automated Enforcement FM 1709 at Pearson Lane and SM 114 at Gateway Drive Walter Ragsdale R E Ragsdale Consulting 214.893.32301 412 Skyline Drive Murphy, Texas 750194 www Re sdaleconsultan +porn Walter. 'Ragsdale rd?ragsdalec onsulfcng. TER 1. MAG& KALE �w Apnl 2008 1 Introduction The Texas Legislature passed SB 1119 which became effective on September 1 2001 This bill authonzes and controls the use of municipal red -light camera enforcement and was codified in the Texas Transportation Code, Section 707.003 This statute requires the completion of a traffic engineering study to validate the need and applicability of red - light camera enforcement and forms the basis for this report The City of Southlake, Texas has proposed the use of red -light cameras at two intersections within their jurisdiction These intersections were proposed after an initial vetting process by the City's Law Enforcement staff This study was commissioned by the City of Southlake, Texas to fulfill the requirements of the Texas statute. The Texas statute requires an engineering study to evaluate engineering solutions that may be implemented to reduce the occurrence of driving violations for the red -Fight running These solutions can involve geometric. signal hardware or timing improvements Automated enforcement is a proven method that uses photography. and technology to detect, photograph and then a civil citation is issued to the violater The problem of red -light running is widespread and growing in Texas State and municipal agencies have implemented numerous solutions to prevent and reduce these violations The traditional three "E's" are typically used- -- engineering, enforcement and education The media has helped educate the public about the consequences of red - fight running as automated enforcement systems have been installed in Texas Signing photographic enforcement at an intersection is one of the countermeasures that address all of the three "E's" However all of these techniques have the same goal to reduce crashes, injuries and save lives The use of red -light cameras for enforcement has been researched in the United States and abroad for many years and recent studies in the United States indicate several interesting phenomena that accompany the application of red - light cameras 3 It is intuitive that a reduction in red -light running will reduce traffic crashes and improve safety. Based on this assumption, a number of municipalities and state transportation agencies have begun programs to try to reduce red -light running using a variety of methods One such method is using red -light cameras as an enforcement tool. The use of red -light cameras is common in much of the world and both the technology and impetus to use that technology has been available since the 1970's This technology has evolved from wet film to the current digital and video systems in use today Texas Attorney General John Comyn. issued a ruling indicating that cities Could implement photographic enforcement by their home rule authority. Several cities, such as Richardson. Garland and Plano proceeded with systems on this authonty The state then passed SB 1119 which sets forth specific requirements for the automated enforcement systems In a June, 2006 opinion, Texas Attorney General Greg Abbott issued Opinion GA 0440 indicating that TxDOT has the authority to install these systems on state highways. L%gislatnre Issues The Texas State Legislature recently passed Senate Bill 11 19, which became effective September 1 2007 This bill created Chapter 707 of the Transportation Code. entitled 'Photographic Traffic Enforcement System" and amends Subtitle I, Title 7 The act authorizes local authorities to enact ordinances that require civil penalties based on photographic signal enforcement systems It provides that the owner of a motor vehicle is liable to the local authority for such civil (not criminal as a police citation) penalty if the vehicle violates the instructions of the traffic control signal It further authorizes the local authority to implement and operate a photographic enforcement system or contract for the implementation and operation of a system It requires that the local authority conduct a traffic engineering study of each candidate approach for camera enforcement to determine if alternatives to the system are likely to reduce the number of red -light violations at the intersection The Act requires that the results of the traffic engineering study be reported to a citizen advisory committee established for that purpose and that the committee advise the local authority on the installation and operation of the system The bill further requires that the local authority install signs along each roadway that leads to an intersection at which the camera enforcement system is in active use The local authority is required, before installing the system, to compile a written report of the number and type of traffic accidents that have occurred at the intersection for at least 18 months prior to the date of the report The statute also requires that the local authority report to the Texas Department of Transportation (TxDOT) a copy of that report within six months of the implementation of that system. The local authority is further required to monitor and report to TOOT the number and type of traffic accidents at each intersection to determine whether or not the system results in a reduction in accidents or a reduction in the severity of accidents. The report to TxDGT shall be in writing and according to a form prescribed by TxDQT Reporting is to begin in 2008 The Act specifically requires that signals subject to camera enforcement will have a change interval (yellow plus all red) that meets the requirements of the Texas Manual on Uniform Traffic Control Devices (TMUTCD) General surveillance using the system is prohibited so that only violations of the traffic signal are photographed Normal police enforcement measures at traffic signals are not precluded The statute provides for revenue shying from the collections of civil penalties with the local authority to retain an amount necessary to cover certain costs Fifty percent of the additional revenue is to be sent to the State comptroller for deposit to the credit of the regional trauma account It also caps the amount of civil penalty at $75 and late payment penalty of not greater than $25 The retained portion of the civil penalties over and above tree costs must be spent to cover certain procedures for administration of the program of enforcement The Texas Transportation Code and the Texas Manual on Uniform Traffic Control Devices (TMUTCD) give guidelines and standards for traffic signals The TMUTCD Chapter a is the accepted national and state guideline for traffic signal's It is important that the nation have uniform standards for traffic signals Dnvers constantly cross state and national boundaries and this universal communication to the driver is imperative for the safety of our communities. It is universally known that red means STOP. If other colors were used, drivers would be confused by the need to stop. Simply this report will li review these universal standards to determine if they are met and/or any enhanced solutions may be needed prior to the implementation of the automated enforcement The purpose of these enhanced solutions would be to reduce the frequency of red -light running Some of the guidelines are recommended and may not lyre implemented. However they have a direct relationship to red -light running An example of this is the size of the signal head and light Eight - inch heads are common throughout the state of Texas and the Dallas/Fort Worth Metroplex However twelve inch signal heads are also used The larger. brighter red lights have been shown to reduce the occurrence of red -light running Some of these engineering solutions are easy and cost effective to implement Without the enforcement or threat of enforcement, these 'traffic laws" or engineering standards would not be at all achieved. They would be consistently or frequently violated Enforcement is the key to ensure that they are obeyed However, with the over - worked enforcement agencies in Texas, it is difficult to have enough visibility to ensure compliance Automated enforcement is a mechanical method, reviewed by authorized police agencies that operate 24 hours a day 365 days a year Studies have also indicated that there is a halo effect on other intersections. The goal of this enforcement is to improve safety and prevent crashes by reducing the number of red - light violators Other Metroplex cities have demonstrated that a reduction in violations occurs as they have turned off their cameras at some intersections and the number of monthly violations is reduced Traffic En ineerin Stud The purpose of this report is to conduct a traffic engineering investigation to analyze the potential engineering solutions to prevent red - light running. This report will analyze the intersections to insure that the locations meet the requirements of the Texas Manual on Uniform Traffic Control Devices There are also several countermeasures which can be implemented to accomplish this goal This will be a comprehensive evaluation of the intersections to observe the frequency of red -light running and recommend the appropriate countermeasures to reduce this frequency The following items are reviewed in this investigation 11 • clear view of the traffic signal heads - this will ensure that the motorist can observe the red - yellow -green indications from an appropriate distance from all of the approaches • traffic signal timing - this will ensure that the overall traffic signal is timed appropriately • yellow clearance interval - this will ensure that the motorist has the approaching indication based on intersection geometnc system is made aware that the red light is about to start • all red clearance interval _ a time period to insure that the motorists can completely clear the intersection pnor to the opposing green indication • traffic signal loops - to determine the functionality of the loop detection and ensure where appropriate a green extension is used where needed • signal progression plan review - to ensure that the +due is not 'being clipped and is forcing unexpected stops • pavement markings - to ensure the adequate markings are in place including stop bars • intersection signing - to ensure that appropriate signs are in place at these locations • urban distractions - any review of the area around the location to ensure nothing uniquely distracts the motorist Red- Light Runnin So There are many engineering enhancements that may be implemented to reduce the occurrence of red -light running Some of these solutions are simple and cost effective; although in most cases these are enhancements to the standard installation Some of these solutions include: • back plates - the use of black back plates increases the target value of a traffic signal head especially at times when the sun is directly behind the traffic signal lights • LED signal lights - these lights are 40% brighter than incandescent lights, a bigger brighter light will reduce the occurrence of red -light running • All red and yellow clearance times - these times are set by an engineering analysis of the intersection geometric and speed These guidelines are highlighted below There are several other factors that need to be considered such as intersection sgeometncs capacity visibility number of lanes, and intersection warrants 7 Traffic Si nal Timin A key element relating to traffic signals is the signal taming The timing falls into four categories. t, Green time -- the amount time given to thru or turning traffic 2. Yellow time -- the amount of time between the green and red intervals 3. Red time — the amount of time the opposing traffic is stopped 4. All red time — the amount of time all approaches are stopped The timing of the traffic signals depends on many factors including volume. approach speed, intersection geometry, and vehicle detection The critical time period is called the Clearance interval: this is made up of the yellow and all red time The state guidelines indicate that this time must be in conformance with the Texas Manual on Uniform Traffic and Control Devices. Detailed timing is calculated using guidelines from the Institute of Transportation Engineers (ITE). This agency gives precise engineering formulas to calculate the Clearance Interval The TxDQT recommended method is to use the ITE formulas Signal timing for each inWsection should be monitored and adjusted as changes in Volumes or geometric conditions occur. 8 Cash Data Although we strive to have zero crashes at an intersection due to human factors it is highly improbable. Many factors contribute to a crash. Any analysis of the intersection crash data will allow engineers to determine what factors caused these crashes Generally driver error or inattention is a contributing factor to most crashes. By ensuring that traffic control devices are communicating appropriately to the driver. crashes can be minimized through these engineering solutions Enforcement is another key element to ensure drivers obey the traffic laws A combination of education engineering and enforcement are key elements in reducing crashes. The following table summarizes the crash data for these locations Reported Crash Data Summary Year FM 1709 FM 1709 SH 114 SH114 Pearson Pearson Gateway Gateway Total Red - Light Total Red - Light Running' Running" 2007 13 11 10 10 2006 11 11 16 1 1 2005 12 12 1 13 1,8 2004 1 1 ' 5 J - 3 Cause factors 15, 37. and 38 Crash data should be carefully used Not all crashes are reported, as many cages do not even investigate non- injury crashes Many crashes are also minor and Just driven away by the drivers However, crash data is still a valuable tool to indicate overall intersection safety 9 FM 1709 (Southlake Blvd.) @ Pearson Lane Intersection Configuration Southlake Blvd ,s a 6 lane east -west arterial road with a continuous left -turn lane. As a farm -to- market read, it is maintained by the Texas Department of Transportation (TxDOT) Generally these types of roads are designed to carry Large traffic volumes which have a long trip length. The development along the corridor is generally commercial and multi- family The roadway connects several cities together in North Tarrant County, Pearson Lane is a collector road searing as the western boundary of Southlake. This type of roadway generally brings traffic from the more residential area to the arterial system The roadway is typical of a county type construction that has been urbanized. This accounts for the widening out of the intersection A photograph of these roadways is shown below in Figure t •`��_. t 1 � � $ f 1rOMEW ' %00 . s FM 1709 has an approach speed of 45mph which seems appropriate for this road 10 Figure 1 FM 1 1709 at Pearson Lane Traffic Volumes Southlake Blvd is handling a moderate amount of traffic Daily traffic counts In the eastbound direction are 17.800 and in the westbound direction are 1+8.900_ This daily average of 36,700 vehicles per day is considerably less than the design roadway capacity of 42,000 - 48 000 vehicles per day Pearson Lane traffic is considerably less, the daily volume is about 5500 with the capacity of 14.000 Peak hour traffic is the critical volume throughout the day This intersection still has plenty of extra capacity to handle future traffic growth The configuration shown above with 3 thru lanes and a turn lane on Southlake Lake Blvd is typical of this type of roadway City Limits This intersection is the boundary between Keller and Southlake Figure 2 shows the City of Southlake's city limit along the west ROW of Pearson The city limit is depicted by the double yellow dine As can be seen in this exhibit, some of the signal elements (west bound signal head and east bound stop bar) are outside the city limits of Southlake. IF I ME Figure 2 L More investigation needs to be conducted as to the exact location of the city limits to ensure that all of the area to be enforced is actually in the Jurisdiction of the city of Southlake Boundary or other adjustments may be necessary to ensure this 11 Traffic Sionai The traffic signal at the intersection is of a fairly modern design. This includes functions to detect oncoming traffic and extend green times appropriately The signal operates a split phase The northbound traffic goes and then the southbound traffic proceeds East and westbound traffic goes simultaneously with a separate protected east and westbound left turn phase These turning movements may also occur on a green ball The video detection is designed to allow for the left turn phases if required. The east and westbound traffic signal md)cations are Figures three and four Figure 3 Figure 4 I s 12 Traffic Si nal Visibili As can be seen by the above photographs: the visibility of the signal indications is excellent The vehicle detection system at this location is a video detecor mounted on top of the mast arm This type of detection system has a good record of detecting approaching vehicles and extending the green Mmes as appropriate The signal indications are a mixture of incandescent bulbs and the more modern LED bulbs The LED bulbs tend to be 40% bnghter than the incandescent bulbs Consideration should be given to upgrade this intersection to LED buibs The traffic signal heads are located over the lane lines to minimize occlusion (blockage of view by large trucks) The signal lenses are also showing some age As can be seen in JI`Mgure 5 there are some burned spots on these lenses The back plates have also weathered and need to be repainted to enhance the target value of the signal indications, Figure 5 The Signal Timino The signal taming was reviewed as a part of this study The Green timing is set with the appropriate time to allow minimal delays at the various time periods throughout the day The data shows some minimal capacity problems The vehicle change interval is the critical factor in implementing automated enforcement It is made up of the yellow plus the all red tune. The yellow time is four seconds for north -south and 4.5 seconds for the east -west movements These values are in conformance with the TMUTCD. They exceed the ITE calculations of 3 5 seconds and 4.3 seconds The existing settings are within acceptable ;parameters. 13 The all red time is set at one second for north - south and two seconds east-west- The ITE calculations for the north -south direction are 1 6 seconds and east -west is one second These timings should be readjusted based on the intersection geometry_ 5i nin The intersection is signed property to Inform the motorists about the operating conditions and location. Advance Signal ahead indications with a photo enforcement plate will need to be installed prior to the start of the photo enforcement. These signings need to be placed to on all four approaches and about 1.50 feet prior to the intersection Pavement Markin_q The pavement markings are adequate for the intersection and the paving is in good shape There are stop bars to indicate where the motorist needs to stop These bars are large enough on FM 1709 provide motorists an adequate target They are also located properly These can be see in Figure 6 Figure 6 The crosswalks crossing Southlake Blvd also highlight the intersection Periodic maintenance should be conducted on all of the pavement markings to ensure they maintain adequate reflectivity 14 SH 114 Frontage Road and Gateway Intersection C onfipuration This is a frontage roadlcollector intersection. The frontage road along State Highway 114 is maintained by the Texas Department of Transportation (TxDOT) The purpose of frontage roads is to provide access from freeways to adjacent businesses and streets The 114 Frontage Road has been recently constructed The pavement is in excellent shape Gateway is a four lane roadway that carves traffic to cross the freeway and into Grapevine and to access the state highway system The intersection configuration is shown below in figure 7 7s Y t P t� w � Figure 7 The 5H 114 Frontage Road has an approach speed of 40 mph which is appropriate for this type of roadway, especially consrdenng the weaving that occurs on a frontage read The speed on Gateway is 30 mph which is also ap propn ate 1s Traffic Volmmes Analyses of traffic volumes do not indicate that the eastbound frontage road or Gateway +s having daily capacity issues. Most of the traffic signal Clues seem to have enough green time to allow them through the intersection A review of the hourly counts also indicates that there is excess capacity for this movement The northbound daily volume for Gateway is 3,900 and southbound is 8,000 and the capacities for these movements are in the range of 24,000 vehicles per day The eastbound frontage road is currently carrying about 5.400 vehicles per day This capacity should be around 30,000 vehicles per day. Cihr Limits This intersection is Close to the city of Grapevine However, it can be seen by Figure 8 that the intersection line is totally within the city limits of Southlake The figure below from Southlake's City limit and zoning map depicts the city limit by the line (green) and Circle symbol Figure 8 WOW Spi r r- t +� s w . ,. I — % 0 16 Traffic Signal The traffic signal at Gateway and the frontage read of State Highway 114 is a very modern design that has unique architectural features incorporated into it The signal operates as a TTI four phase diamond configuration This is a standard operation in the Dallas / Fort Worth hiletroplex The detection occurs by the traditional and pavement loop detection and extends the green face time accordingly Figure 9 depicts a Photograph of the eastbound approach Figure 9 It can be seen by the above photograph the visibility of the indication is excellent The approach is up grade on a curve To decrease occlusion. this direction an additional signal head is mounted on the far side. All of these signal heads have t_FDr lights which produce 40% greater illumination than incandescent bulbs. Traffic Signal Visibilily Backplates are not used at this location They may be considered to improve the target value of the signal heads Signal Timin This traffic signal is interconnected with Northwest Highway in Grapevine The purpose of this interconnection is to improve mobility by reducing delay and stops to the motorist. 17 This coordinated phase occurs in the morning and afternoon peaks and midday When traffic volumes are light it operates like an isolated intersectio However the yellow and all red clearance intervals are set based on the intersection geometry and remain constant The current ye interval i four seconds and the all red time is 2 5 seconds. This is in conformance with the TMUTCD The ITP calculation for the yellow is 3 9 seconds The all red clearance interval is 1.5 seconds The all red time may need to be reviewed .-ignIng The intersection �s signed properly to Inform the motorists about the operating conditions of this location Advance signal ahead indications with a photo enforcement plate will need to be installed prior to the start of photo enforcement These signings need to be placed on all approaches about 150 feet prior to the intersection Pavement Markinas The pavement markings are great for this intersection. The 24 -inch stop bars and crosswalk adequately depsct the stopping location The brick crosswalk texture and color enhance this intersection feel Lane indicators are also present and are depicted in Figure 10 Figure 10 Periodic maintenance should be conducted on all pavement markings to ensure they maintain adequate reflectivity 18 Conclusions and Recommendations Both intersections The intersections of FM 1709 at Pearson and SHI 14 Frontage at Gateway have a history of red light- running crashes Analysts data and observation indicate that red- light running is occurring frequently. Automated enforcement is a proven tool that will reduce these violations Both intersections need to have signal advance Signs and photo enforcement signs installed on all approaches The pavement markings should be maintained to continue the bright appearance Signal timing should be reviewed and adjusted annually to account for changes in the growth of the area A public information campaign or driver awareness program would be beneficial to educate all motorists prior to activation FM 1709 at Pearson At this intersection. the signal lenses and lights should be upgraded to LED's The back plates should be repainted Mack or replaced The all red clearance times should be adjusted to conform to the ITE recommended times as per the Tx ©OT guidelines The issue with the city limit line may also need to be resolved SH114 Frontage at Gateway At this intersection back plates should be installed The all red clearance times should be adjusted to conform to the ITE recommended times as per the TxLOT guidelines 19 ORDINANCE NO. 922 AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF SOUTHLAKE, BY AMENDING CHAPTER 18, TRAFFIC AND VEHICLES, TO ADD A NEW ARTICLE VIII, AUTOMATED RED LIGHT ENFORCEMENT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AS REQUIRED BY LAW; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to article XI, section 5 of the Texas Constitution and chapter 9 of the Texas Local Government Code; and WHEREAS, the City Council of the City of Southlake desires to implement a red light photographic traffic signal enforcement system pursuant to chapter 707 of the Texas Transportation Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That the Code of Ordinances of the City of Southlake, Texas is hereby amended by amending Chapter 18, Traffic and Vehicles, to add a new Article VIII, Automated Red Light Enforcement, to read as follows: "Article Vlll. Automated Red Light Enforcement Sec. 18 -325. Purpose. The purpose of this article is to implement a photographic traffic signal enforcement system pursuant to chapter 707 of the Texas Transportation Code and to provide that the owner of a motor vehicle is liable to the City for a civil penalty if, while facing only a steady red signal displayed by an electrically operated traffic - control signal located in the City, the vehicle is operated in violation of the instructions of the traffic - control signal, as specified by section 544.007(d) of the Texas Transportation Code. Page 1 Sec. 18.326. Definitions. In this article: (1) "Department" shall mean the Police Department of the City of Southlake, Texas, or an entity with which the City contracts under section 707.003(a)(1) of the Texas Transportation Code for the enforcement and administration of this article. (2) "Municipal Court" shall mean the Southlake Municipal Court. (3) "Owner of a motor vehicle" shall mean the owner of a motor vehicle as shown on the motor vehicle registration records of the Texas Department of Transportation or the analogous department or agency of another state or country. The term "owner" includes a lessee of a motor vehicle under a lease of six (6) months or more from a motor vehicle rental or leasing company, but does not include the motor vehicle rental or leasing company itself. (4) "Photographic Traffic Signal Enforcement System" shall mean 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. (5) "Recorded Image" means a photographic or digital image that depicts the front or the rear of a motor vehicle. (6) "System Location" means the approach to an intersection toward which a photographic traffic monitoring system is directed and in operation. (7) "Traffic Control Signal" has the meaning assigned by section 541.304 of the Texas Transportation Code, as amended. Page 2 Sec. 18 -327. Administration and Enforcement of Photographic Traffic Signal Enforcement System. (a) The Department is responsible for the enforcement and administration of this article. (b) To implement the photographic traffic signal enforcement system under this article, the City may: (1) contract for the administration and enforcement of the system as provided in section 707.003(a)(1) of the Texas Transportation Code; (2) install and operate the system or contract for the installation or operation of the system as provided in section 707.003 (a)(1) of the Texas Transportation Code. (c) The City or the person with which the City contracts for the administration and enforcement of a photographic traffic signal enforcement system shall not report information concerning civil penalties imposed under this article to a credit bureau as defined in section 392.001 of the Texas Finance Code. Sec. 18 -328. Citizen Advisory Committee. The City Council shall appoint a Citizen Advisory Committee consisting of one person appointed by each Councilmember. The committee shall review the traffic engineering study described in section 18 -329 of this article and shall advise the City Council on the installation and operation of the photographic traffic signal enforcement systems installed within the City limits based solely on such study. The committee shall not have any authority over the photographic traffic signal enforcement systems other than to make recommendations to the City Council with respect to decisions concerning the installation of such systems based solely on the traffic engineering study. Sec. 18 -329. Procedures for Creation of Photographic Traffic Signal Enforcement Systems. (a) Before installing a photographic traffic signal enforcement system at an intersection approach, the City shall conduct or cause to be conducted a traffic engineering study or 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 intersections. Page 3 (b) The City shall report the results of the traffic engineering study described in subsection (a) to the Citizen Advisory Committee appointed by the City Council pursuant to section 18 -328. (c) Any intersection approach selected by the City for the installation of a photographic traffic signal enforcement system must be selected based on traffic volume, the history of accidents at the approach, the number or frequency of red light violations at the intersection, and any similar traffic engineering and safety criteria, without regard to the ethnic or socioeconomic characteristics of the area in which the approach Is located. (d) The City may not impose the civil penalty described in section 18 -333 on an owner of a motor vehicle if it does not first comply with the requirements of subsections (a) and (b) above. However, the failure of the City to comply with the requirements of subsections (a) and (b) above with respect to one intersection shall not prevent the City from imposing said civil penalty on the owner of a motor vehicle for a violation occurring at a different intersection. (e) in addition to installing the photographic traffic signal enforcement system, the City shall also install signs along each roadway that leads to the intersection at which such system is installed. The signs must be at least 100 feet from the intersection or located according to the standards established in the manual adopted by the Texas Transportation Commission under section 544.001 of the Texas Transportation Code. In addition, the signs must be easily readable to any motor vehicle operator approaching the intersection and must 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. Sec. 18-330. Deports of Accidents. For years beginning on or after January 1, 2008, the following requirements shall apply: (a) Before installing a photographic traffic signal enforcement system at an intersection approach, the Department shall compile a written report of the number and type of traffic accidents that have occurred at the intersection for a period of 18 months before the date of the report. (b) Not later than six months after the date of the installation of the photographic traffic signal enforcement system at the intersection, the Department shall provide a copy of the report required by subsection (a) to the Texas Department of Transportation. Page 4 (c) After installing a photographic traffic signal enforcement system at an intersection approach, the City shall monitor and annually report to the Texas Department of Transportation 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. (d) The report shall be in writing in the form prescribed by the Texas Department of Transportation. Sec. 18 -331. 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 shall be established in accordance with the Texas Manual on Uniform Traffic Control Devices. Sec. 18 -332. General Surveillance Prohibited. The City shall operate the photographic traffic control signal enforcement system only for the purpose of detecting a violation or suspected violation of a traffic control signal. See. 18-333. Imposition of Civil Penalty, Other Penalties and Fees. (a) The owner of a motor vehicle is liable to the City for a civil penalty of $75.00 if, while facing only a steady red signal displayed by an electrically operated traffic - control signal located in the City, the vehicle is operated in violation of the instructions of the traffic - control signal, as specified by section 544.007(4) of the Texas Transportation Code. (b) A person who fails to timely pay the civil penalty shall also be liable to the City for a late payment penalty of $25.00. (c) A person who pays the amount due by check and whose check is rejected or declined shall be subject to an additional fee of $25.00. (d) A person who pays the amount due by credit card over the Internet shall be subject to an additional convenience fee of $2.95. Sec. 18 -334. Effect on Other Enforcement. (a) The implementation of the photograph traffic signal enforcement system by the City under this article does not: (1) preclude the application or enforcement in the City of section 544.007(d) of the Texas Transportation Code in the manner prescribed by chapter 543 of the Texas Transportation Code; Page 5 (2) prohibit a peace officer from arresting a violator of section 544.007(d) of the Texas Transportation Code as provide by chapter 543 of the Texas Transportation Code, if the peace officer personally witnesses this violation, or from issuing the violator a citation and notice to appear as provided by the chapter 543 of the Texas Transportation Code. (b) The City may not impose a civil penalty under this article 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. Sec. 18 -335. Notice of Violation; Contents. (a) The imposition of a civil penalty under this article is initiated by the mailing of a notice of violation to the owner of the motor vehicle against whom the City seeks to impose the civil penalty. Not later than the 30 day after the date the violation is alleged to have occurred, the Department shall mail a notice of violation to the owner of the motor vehicle at: (1) the owner's address as shown on the registration records of the Texas Department of Transportation; or (2) if the vehicle is registered in another state or country, the owner's home 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 Transportation. (b) A notice of violation issued under this article shall 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; Page 6 (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 person has 30 days from the date the notice of violation is mailed 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 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 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 time to contest the imposition of the civil penalty; (C) that failure to pay the civil penalty within the time prescribed or to timely contest liability 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) that if the owner 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) imposition of the civil penalty may not be recorded on the owner's driving record; (E) a statement that the recorded images may be used as evidence against the person in an administrative or civil proceeding for the imposition of a civil penalty; Page 7 (F) a statement that, if at the time and place of the violation, the vehicle was being operated by a person other than the owner, if the owner is a natural person, the owner may transfer liability for the violation to the person who was operating the vehicle at that time and place if the owner submits to the Department an affidavit, on a form provided by the Department, or under oath at an administrative adjudication hearing, the name and current home address of the person: (1) operating the vehicle at the time and place of the violation; or (2) who was the subsequent owner of the motor vehicle, if the ownership of the vehicle was transferred by the owner prior to the time of the violation. (G) any other information deemed necessary by the Department. (c) A notice of violation under this article is presumed to have been received on the 5th day after the date the notice of violation is mailed. (d) In lieu of issuing a notice of violation, the Department may mail a warning notice to the owner. Sec. 18 -336. Admission of Inability. 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 the hearing is considered to: (a) admit liability for the full amount of the civil penalty and late payment penalty stated in the notice of violation mailed to the person; and (b) waive the person's right to appeal the imposition of the civil penalty and the late payment penalty. Sec. 18 -337. 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 Page 8 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 paragraph (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 18 -338, the presentation of evidence under paragraph (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 may be made by affidavit, through testimony at the administrative adjudication hearing under section 18 -338, or by a written declaration under penalty of perjury. The affidavit or written declaration may be submitted by mail to the Department. (d) If the presumption established by paragraph (a) is rebutted under paragraph (b), a civil penalty and late payment 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 Department 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 paragraph not later than the 30" 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 Department may send a notice of violation to that individual at the address provided by the owner of the motor vehicle. Page 9 Sec. 18 -338. Administrative adjudication hearing. (a) A person who receives a notice of violation under this article 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 with the Department not later than the 30 day after the date the notice of violation was mailed. (b) If the person requesting the hearing either fails to appear at the hearing, or if the hearing officer determines that there was a violation, and the person requesting the hearing either elects not to appeal, or if the person requesting the hearing is unsuccessful on an appeal filed under Section 18 -341, the Department shall assess a fee of Thirty -Five Dollars and no cents ($35.00) against the person requesting the hearing. (c) On receipt of a timely request for an administrative adjudication hearing, the Department shall notify the person of the date, time and place of the hearing. The hearing shall be held within 30 days of the request for a hearing unless the person who receives the notice of violation is granted a delay by the hearing officer. (d) A hearing officer designated by the City Council shall conduct the administrative adjudication hearing. The hearing officer shall have authority to issue orders compelling the attendance of witnesses and the production of documents. (e) In an administrative adjudication hearing, the issues must be proven by a preponderance of the evidence. (f) 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 Department who is responsible for inspecting and maintaining the system. (g) An affidavit of an officer or employee of the Department that alleges a violation based on an inspection of the applicable recorded image is: (1) admissible in the administrative adjudication and in an appeal under section 18 -341; and (2) evidence of the facts contained in the affidavit. (h) It shall be an affirmative defense to liability under this article, to be proven by the person contesting liability by a preponderance of the credible evidence, that: Page 10 (1) the person was operating the motor vehicle in compliance with the lawful order or direction of a police officer, fire fighter or other person authorized by local, state or federal law to direct or control traffic; (2) the person had no other choice but to violate the instructions of the traffic-control signal in order to yield the right -of -way to an immediately approaching authorized emergency vehicle; (3) the person was operating an emergency vehicle as defined in chapter 546 of the Texas Transportation Code and that the person with acting in compliance with that chapter; (4) the license plate depicted in the recorded image was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued; (5) at the time of the violation, and if the owner is a natural person, the vehicle was being operated by a person other than the owner of the vehicle and the owner, in the proceeding, provides the name and current home address of the person who was operating the vehicle at the time and place of the violation; (6) prior to the time of the violation, the owner transferred title to the motor vehicle described in the notice of violation to another person or entity and the owner, in the proceeding, provides the name and current address of the subsequent owner of the vehicle; and (7) the person was arrested or issued a citation and notice to appear by a peace officer for a violation of section 544.007(d) of the Texas Transportation Code which was recorded by the photographic traffic signal enforcement system. (i) To demonstrate that at the time of the violation the motor vehicle was stolen or that the license plate displayed on the vehicle was stolen, the owner must submit proof acceptable to the hearing officer that the theft of the vehicle or license plate was reported to the appropriate law enforcement agency. Q) In the event that the owner submits the proof described in section 18- 335(b)(1 0)(F) or in the event that the owner establishes the affirmative defense described in section 18- 338(g)(5) or rebuts the presumption of violation described in section 90 -337, the Department may issue a notice of violation to the person alleged by the owner to have been driving the motor vehicle at the Page 19 time of the violation within 30 days of the Department's receipt of the proof described in sections 18- 335(b)(10)(1=) and 18- 337(b) or within 30 days of the hearing at which the owner established the affirmative defense described in section 18- 338(g)(5). Sec. 18 -339. Untimely Request for Administrative Hearing. Notwithstanding any other provision of this article, a person who receives a notice of violation under this article 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 30 days after the date the person received the notice of violation. Sec. 18-340. Order. (a) The hearing officer at the conclusion of any administrative adjudication hearing under this article shall issue an order stating: (1) whether the person charged with the violation is liable for the violation; and (2) the amount of any penalty, cost, or fee assessed against the person. (b) The orders issued under subsection (a) must be in writing and signed and dated by the hearing officer and may be filed with the City Secretary who shall keep the orders in a separate index and file. The orders may be recorded using microfilm, microfiche, or data processing techniques. Sec. 18 -341. 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 fling an appeal petition with the clerk of the Municipal Court. (b) The petition must be: Page 12 (1) filed before the 31 day after the date on which the administrative adjudication hearing officer entered the finding of liability for the civil penalty; and (2) accompanied by the payment of the appellate filing fee of $50.00 to cover 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 Department of the date, time, and place of the hearing. (d) An appeal stays enforcement and collection of the civil penalty and any late 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 nova. All evidence submitted at the administrative hearing shall be and any additional relevant evidence may be admitted in the trial. (f) The Municipal Court shall have exclusive appellate jurisdiction within the City's territorial limits in cases arising under this article. Sec. 18 -342. Imposition of Civil Penalty Not a Conviction. The imposition of a civil penalty under this article is not a criminal conviction and may not be considered a conviction for any purpose. Sec. 18 -343. Enforcement. in accordance with section 701.017 of the Texas Transportation Code, if the owner of a motor vehicle is delinquent in the payment of a civil penalty imposed under this article, the county assessor - collector or the Texas Department of Transportation may refuse to register a motor vehicle alleged to have been involved in the violation. Sec. 18 -344. 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. Page 13 (b) . Notice of subsection (a) must be included in the notice of violation required by section 18 -335. (c) The City Attorney is authorized to file suit to enforce collection of any civil penalties and late payment fees assessed under this article. Sec. 18 -345. Revenue from Civil Penalties and Other Fees. (a) Not later than the 60th day after the end of the City's fiscal year, after deducting amounts the City is authorized by subsection (b) to retain, the City shall: (1) send 50 percent of the revenue derived from civil or administrative penalties collected by the City under this section to the comptroller for deposit to the credit of the regional trauma account established under section 782.002 of the Texas Health and Safety Code; and (2) deposit the remainder of the revenue in a special account in the City'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) The City 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 City; (2) installing the photographic traffic signal enforcement system at sites in the City, 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 City, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by City employees, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and Page 14 (4) maintaining the general upkeep and functioning of the photographic traffic signal enforcement system." SECTION 2. This ordinance shall be cumulative of all provisions of ordinances and of the Code of Ordinances of the City of Southiake, Texas, as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event the conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect/ the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. The City Secretary of the City of Southlake is hereby directed to publish this ordinance to the extent required by law. SECTION 5. This Ordinance shall take effect immediately from and after its passage and approval, and it is so ordained. Page 15 PASSED AND APPROVED on the 1st reading the 4fh day of & vmaho ) , 2007. MAYOR •�� *, � , U ' ��"�� •11 ATTEST: �•` aa.•......: �;•.� CITY SECRETARY" PPASED AND APPROVED on the 2nd reading the Z& day of Lkl = bQ) , 2007. MA R ATTEST: ..,, Off. 21 S I SECRETA Y APPROVED AS TO FORM AND LEGALITY: Page 16 S.B. No. 1119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ACT relating to the implementation of a photographic traffic signal enforcement system; providing for the imposition of civil penalties and to the use of the money collected to help fund trauma facilities and emergency medical services; providing a criminal penalty. BE IT ENACTED BY THE LEGISLATURE OF THE STA'T'E OF TEXAS: SECTION 1. Subtitle 1, 'Title 7, Transportation Code, is amended by adding Chapter 707 to read as follows: 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 xeclistiation records of the 'Texas Department of Transportation ox the analogous department or agency of another state or county . (3) "Photographic traffic signal enforcement s stem" 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 1 S.B. 1 rear of a motor vehicle that is not operated in compliance No. with 1119 the 2 instructions of the traffic - control signal_._ 3 (4) "Recorded image" means a photogiaphic or digital 4 image that dep icts the front or the rear of a motor vehicle. 5 (5) "Traffic- control signal" has the meaning assigned 6 by Section 541.304._ 7 Sec. 707.002. AUTHORITY TO PROV FOR CIVIL PENALTY. The 8 goveyning body of a local authority by ordinance ray implement a 9 photographic traffic signal enforcement system and provide that the 10 owner of a motor vehicle is liable to the local authority for a 11 civil penalty if, while facing only a steady red signal displayed b 12 an electrically operated traffic- control signal located in the 13 local authority, the vehicle is operated in violation of the 14 instructions of that traffic - control signal,__as specified by 15 Section 544.007(d). 16 Sec. 707.003. INSTALLATION AND OPERATION OF PHOTOGRAPHIC 17 TRAFFIC SIGNAL ENFORCEMENT SYSTEM. (a) A local authority that 18 implements a photogiaphic traffic signal enforcement system under 19 this chapter may: 20 (1) contract for the administration and enforcement of 21 the system; and 22 (2) install and operate the system or contract for the 23 installation or operation o the system. 24 (b) A local authority that contracts far the administration 25 and enforcement of a photographic traffic signal enforcement system 26 may not agree to pay the contractor a specified percentage of, or 27 dollar amount from, each civil penalty collected. 2 S.S. No. 1119 1 (c) Before installinq a photographic traffic si nal 2 enforcement system at an intersection approach, the local authority 3 shall conduct a traffic engineering study of the approach to 4 determine whether, in addition to or as an _alternative to the 5 system, a design chap e to the a roach or a chap e in the 6 si nalization of the intersection is likely to reduce the number of 7 red light violations at the intersection. 8 (d) An intersection approach must be selected for the 9 installation of a photographic traffic signal enforcement s stem 10 based on traffic volume, the history of accidents at the approach, 11 the number or frequency of red light violations at the 12 intersection, and similar traffic engineexinq and safety criteria, 13 without regard to the ethnic or socioeconomic characteristics of 14 the area in which the approach is located. 15 (e) A local authority shall report results of the traffic 16 engineering study required by Subsection (c) to a citizen advisor 17 committee consisting of one person apEointed by each member of the le governing body of the local authority. The committee_ shall advise 19 the local authority on the installation and operation of a 20 photographic traffic signal enforcement system established under 21 this chapter. 22 (f) A local authority may not impose a civil penalty under 23 this chapter on the owner of a motor vehicle if the local authorit 24 violates Subsection (b) or (c). 25 (g) The local authority shall install signs along each 26 -roadway that leads to an intersection at which a photographic 27 traffic signal enforcement system is in active use. The signs must 3 S.B. No. 1119 1 be at least 100 feet from the intersection or located a ccording to 2 standards established in the manual adopted by the 'Texas 3 Transportation Commission under Section 544.001, be easil 4 readable to any operator approaching the intersection, and clearl 5 indicate the presence of a photogiaphic monitoring system that 6 records violations that may result in the issuance of a notice of 7 violation and the imposition of a_ monetary - penalty. 8 (h) A local authority or the person with which the local 9 authority contracts for the administration and enforcement of a 10 phatogia2hic traffic signal enforcement system may not provide 11 information about a civil penalty imposed under this chapter to a 12 credit bureau, as defined by Section 392.001, Finance Code. 13 Sec. 707.004. REPORT OF ACCID (a) In this section 14 "department" means the Texas Department of Transportation. 15 (b) Before installing a photogiaphic traffic signal 16 enforcement system at an intersection a roach, the local authorit 17 shall compile a written report of the number and type of traffic 18 accidents that have occurred at the intersection for a period of at 19 least 18 months before the date of the - report. 20 (c) Not later than six months after the date of the 21 installation of the photographic traffic signal enforcement s stem 22 at the intersection, the local authority shall PTOViCle the 23 department a copy of the report required by Subsection (b) . 24 (d) After installing a 2hotoqraphic traffic signal 25 enforcement system at an intersectianappioach, the local authorit 26 shall monitor and annually report to the department the number and 27 typeof traffic accidents at the intersection to determine whether 4 S.B. No. 1119 1 the system results in a reduction in accidents or a reduction in the - D(,J O 27 $75; and 5 S.B. No_ 1119 1 (2) a late payment penalty may not exceed $25. 2 Sec. 707.008. DEPOSIT OF REVENUE FROM CERTAIN TRAFFIC 3 PENRLTIES. (a) Not later than the 60th day after the end of a 4 local authority's fiscal year, after deducting amounts the local 5 authority is authorized by Subsection (b) to retain, the local 5 authority shall: 7 (1) send 50 percent of the revenue from civil 6 ox administrative penalties collected by the local authorityunder 9 this section to the com trolley for deposit to the credit of the 10 regional trauma account established under Section 792.002, Hea 11 and Safety Code; and 12 (2) de osit the remainder of the revenue in a special 13 account in the local authority's treasury that may be used only to 14 fund traffic safety programs, including pedestrian safet 15 programs, public safety programs inteysection improvements, and 16 traffic enforcement. 17 (b) A local authority may retain an amount necessary to 18 cover the costs of: 19 (1) purchasing or leasing e ui ment that is part of or 20 used in connection with the photogiaphic traffic signal enforcement 21 system in the local authority; 22 (2) installing the photographic traffic_ signal 23 enforcement system at sites in the local authority, inclu6inq the 24 costs of installing cameras flashes com utex equipment, loo 25 sensors, detectors utility lines, data lines, poles and mounts, 26 networking equipment, and associated labor costs; 27 (3) operating the photographic traffic signal C.1 S_B. No. 1119 1 enforcement system in the local authority, including the costs of 2 creating, distributinq, and delivering violation notices, review 3 of violations conducted by employees of the local authority, the 4 p iocessing of fine payments and collections and the costs 5 associated with administrative ad�udications and appeals, and 6 (4) maintaininq the general upkeep and functioning of 7 the photographic traffic signal enforcement system. 8 (c) Chapter 133, Local Government Code, applies to fee 9 revenue described by Subsection (a)(1). 10 (d) if under Section 133.059, Local Government Code, the 11 comptroller conducts an audit of a local authority and determines 12 that the local authority retained more than the amounts authorized 13 by this section or failed to deposit amounts as required by this 14 section, the comptroller may impose a penalty on the local 15 authority equal to twice the amount the local authority: 16 (1) retained in excess of the amount authorized by 17 this section; or 18 (2) failed to deposit as required by this section. 19 Sec. 707.009. REQ UIRED ORDINANCE PROVISIONS. An ordinance 20 adopted under Section 707.002 must provide that a person against 21 whom the local authority seeks to impose a civil Eenalty is entitled 22 to a hearing and shall: 23 (1) provide for the period in which the hear_inqmust be 24 held; 25 (2) provide for the appointment of a hearing officer 26 with authority to administer oaths and issue orders compelling the 27 attendance of witnesses and the production of documents; and 7 S.B. No. 1119 1 (3) desiFinate the department, a enc or office of the 2 local authority responsible for the enforcement and administration 3 of the ordinance or 1pyovide that the entity with which the local 4 authority contracts under Section 707.003(a)(1) is responsible for 5 the enforcement and administration of the ordinance. 6 Sec. 707.010. EFFECT ON OTHER ENFORCEMENT. (a) The 7 im lementation of a photographic traffic si nal enfoxcement s stem 8 by a local authority under this chapter does not: 9 (1) reclude the application or enforcement in the 10 local authority of Section 544.007(d) in the manner prescyibed b 11 Chapter 543; or 12 (2) prohibit a peace officer from arresting a violator 13 of Section 544.007(d) as provided by Chapter 543, if the peace 14 officer pei:sonally witnesses the violation, or from issuing the 15 violator a citation and notice to appear as provided by that 16 chapter_ 17 (b) A local authority may not im pose a civil penalty under 18 this charter on the owner of a motor vehicle if the operator of the 19 vehicle was arrested or issued a citation and notice to appear b a 20 peace officer for the same violation of Section 544.007(d) recorded 21 bv the photographic traffic signal enforcement system. 22 Sec. 707.011. NOTICE OF VIOLATION; CONTENTS. (a) The 23 imposition of a civil penalty under this chapter is initiated by the 24 mailin2 of a notice of violation to the owner of the motor vehicle 25 against whom the local authority seeks to im ose the civil penalty 26 (b) Not later than the 30th day after the date the violation 27 is alle ed to have occurred, the designated department, agency, or 8 S.S. No. 1119 1 office of the local authority ox the entity with which the local 2 authority contracts under Section 707.003(a) (1) shall mail the 3 notice of violation to the owner at: 4 (1) the owner's address as shown on the registration 5 records of the Texas De artment of Trans ortation; or 6 (2) if the vehicle is registered in another state or 7 country, the owner's address as shown on the motor vehicle 8 registration records of the department or a2ency of the other state 9 or country analogous to the Texas Department of Transportation. 10 (c) The notice of violation must contain: 11 (1) a description of the violation alleged; 12 (2) the location of the intersection where the 13 violation occurred; 14 (3) the date and time of the violation; 15 (4) the name and address of the owner of the vehicle 16 involved in the violation; 17 (5) the registration number displayed on the license 18 plate of the vehicle involved in the violation; 19 (6) a copy of a xecordedimacfe of the violation limited 20 solely to a depiction of the area of the registration number 21 displayed on the license plate of the vehicle involved in the 22 violation; 23 (7) the amount of the civil penalty for which the owner 24 is liable; 25 (8) the number of days the person has in which to pay 26 or contest the imposition of the civil penalty and a statement that 27 the 2erson incurs a late payment penalty if the civil penaltyis not I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 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 2ay 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. Sec. 707.012. ADMISSION OF LIABILITY. A erson who fails to pay the civil penalty cr to contest liability for the penalty in a timely manner or who re uests 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 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 p enalty stated in the notice of violation mailed to the ersen; and (2) waive the person's right to appeal the imposition of the civil penalty. Sec. 707.013. PRESUMPTTON_ (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 (b) If, at the time of the violation alleged_ in_the notice of violation, the motor vehicle depicted in a hoto ra h or digital image taken by a photographic traffic sicrnal enforcement system was owned by a person in the business of selling, renting, or_leasinq 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) Notwithstandinq 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 ox did not own the vehicle at the time of the violation must be made by affidavit, through testimony at the administrative adjudication hearing _under 11 S.S. No. 1119 1 Section 707.014, or by a written declaration under penalty of 2 perjury. The affidavit ox wxitten declaration may be submitted by 3 mail to the local authority or the entity with which the local 4 authority contracts under Section 707.003(a)(1). 5 (d) If the presumption established by subsection (a) is 6 rebutted under Subsection (b) , a civil penalty may not be imposed on 7 the owner of the vehicle or the _person_ named in the notice of 9 violation, as applicable. 9 (e) If, at the time of the violation alleged in the notice of 10 violation, the motor vehicle depicted in the photograph or digital 11 image taken by the photographic traffic signal enforcement system 12 was owned by a person in the business of renting or leasing motor 13 vehicles and the vehicle was being rented or leased to an 14 individual, the owner of the motor vehicle shall provide to the 15 local authority or the entity with which the local authority 16 contracts under Section 707.003(a)(1) the name and address of the 17 individual who was renting or leasing the motor vehicle depicted in IS the photograph ox digital image and a statement of the period during 19 which that individual was renting or leasing the vehicle. The owner 20 sha11 provide the information required by this subsection not later 21 than the 30th day after the date the notice of violation is 22 received. If the owner provides the requited information,_ it is 23 presumed that the individual renting or leasing the motor vehicle 24 committed the violation alleged in the notice of violation and the 25 local authority or contractor may send a notice of violation to that 26 individual at the address provided by the owner of the motor 27 vehicle. 12 S.B. No. 1119 I Sec. 707.014. ADMINISTRATIVE ADJUDICATION HEARING. (a) A 2 person who receives a notice of violation under this chapter ma 3 contest the imposition of the civil penalty specified in the notice 4 of violation by filing a written request for an administrative 5 adjudication hearing. The request for a hearing must be filed on or 6 before the date specified in the notice of violation, which may not 7 be earlier than the 30th day after the date the notice of violation 8 was mailed. 9 (b) On receipt of a timely request for an administrative 10 adjudication hearing, the local authority shall notify the person 11 of the date and time of the hearing. 12 (c) A hearing officer designated by the governing body of 13 the local authority shall conduct the administrative adjudication 14 hearing. 15 (d) In an administrative adjudication hearing the issues 16 must be proven by a preponderance of the evidence. 17 (e) The reliability of the _ photographic traffic signal 18 enforcement system used to produce the recorded image of the motor 19 vehicle involved in the violation maybe attested to by of 20 an officer or employee of the local authority _orof the entity with 21 which the local author it contracts under Section 707.003(a)(1) who 22 is responsible for ins and maintaining the system. 23 (f) An affidavit of an officer or employee of the local 24 authority or entity that alleges a violation based on an inspection 25 of the applicable recorded image is: 26 (1) admissible in the administrative adjudication 27 hearing and in an appeal under Section 707.016; and 13 1 2 3 4 5 6 7 8 9 is 11 12 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 S.B. No. 1119 (2) evidence of the facts contained in the affidavit. (q) 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 offices . (h) A finding of liability fox a civil penalty must specify the amount of the civil penalty for which the person is liable. If the hearing officer enters a findin2 of no liability, a civil penalty for the violation may not be imposed against the person- (i) A finding of liability or a findinq 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 processinq techniques. Sec. 707.C15. UNTIMELY REQUEST FOR ADMINISTRATIVE ADJUDICATION HEARING. Notwithstanding any other piovision 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 hearina 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 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 (2) the written request and affidavit axe submitted to the heaxing 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). 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 'ud e 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 fox 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 appxopxiate 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 p enalty 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 15 S.B. No. 1119 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 court by trial de novo. 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 Transportation may refuse to register a motor vehicle alleged to have been involved in the violation_ 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. 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 he recorded on the owner's driving record. (b) Notice of Subsection (a) must be included in the notice of violation req uired by Section 707.011(c) . SECTION 2. Subsection (a) , Section 27.031, Government Code, is amended to read as follows: (a) In addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of: (1) civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $5,000, exclusive of interest; (2) cases of forcible entry and detainer; [a�n4] 16 I 2 3 4 5 5 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 (3) foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court's jurisdiction and (4) cases arisinq under Chapter 707, Transportation Code, outside a municipality's territorial limits SECTION 3. Section 29.003, Government Code, is amended by adding Subsection (g) to read as follows: (q) A municipal court, including a municipal court of record, shall have exclusive appellate jurisdiction within the municipality's territorial limits in a case arising under Chapter 707, Transportation Code. SECTION 4. Section 133.004, Local Government Code, is amended to read as follows: Sec. 133.004. CIVIL FEES. This chapter applies to the following civil fees: (1) the consolidated fee on filing in district court imposed under Section 133.151; (2) the filing fee in district court for basic civil legal services for indigents imposed under Section 133.152; (3) the filing fee in courts other than district court for basic civil legal services for indigents imposed under Section 133.153; (4) the filing fees for the judicial fund imposed in certain statutory county courts under Section 51.702, Government Code; (5) the filing fees for the judicial fund imposed in certain county courts under Section 51.703, Government Code; 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 (6) the filing fees for the judicial fund imposed in certain statutory probate courts under Section 51.704, Government Code; (7) fees collected under Section 118.015; (8) marxiage license fees for the family trust fund collected under Section 118.018; (9) marriage license or declaration of informal marriage fees for the child abuse and neglect prevention trust fund account collected under Section 118.022; [a+�4] (10) the filing fee for the judicial fund imposed in district court, statutory county court, and county court under Section 133.154 and (11) the portion of the civil or administrative p enalty described by Section 707.008(a)(1), Transportation Code .imposed by a local authority to enforce compliance with the instructions of a traffic - control signal SECTION 5. Subtitle B, Title 9, Health and Safety Code, is amended by adding Chapter 782 to read as follows: CHAPTER 782. REGIONAL EMERGENCY MEDICAL SERVICES Sec. 782.001. DEFINITIONS. In this chapter: (1) "Commission" means the Health and Human Services (2) "Commissioner" means the executive commissioner of the Health and Human Services Commission. Sec. 782.002. REGIONAL TRAUMA ACCOUNT. (a) The regional trauma account is created as a dedicated account in the general revenue fund of the state treasury. Money in the account may be 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 S.B. No. 1119 appropriated only to the commission to mace distributions as provided by Section 782.003._ (b) The account is composed of money deposited to the credit of the account under Section 707.008, Transportation Code, and the earnings of the account. (c) Sections 403.095 and 404.071, Government Code, do not apply to the account_._ Sec. 782.003. PAYMENTS FROM THE REGIONAL TRAUMA ACCOUNT. (a) The commissioner shall use money appropriated from the re zonal trauma account established under Section 782.002 to fund uncompensated care of designated trauma facilities and county and regional emergency medical services located in the area served by the trauma service area regional advisory council that serves the local authority submitting money under Section 707.008, Transportation Code. (b) In any fiscal year, the commissioner shall use. (1) 96 percent of the money appropriated from the account to fund a porticn of the uncom ensated trauma care rovided at facilities designated as state trauma facilities by the Department of State Health Services; (2) two percentof the raoney appyopriated from the account fox county and re Tonal emeiSlency medical services; (3) one percent of the money appropriated from the account fox distribution to the 22 trauma service area regional advisory councils; and (4) one percent of the money appropriated fxom the account to fund administrative costs of the commission. 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 S.B. No. 1119 (c) The money under Subsection (b) shall be distributed in proportion to the amount deposited to the account from the local authority. SECTION 6. Section 707.008, Transportation Code, as added by this Act, and Section 782.002, Health and Safety Code, as added by this Act, apply to revenue received by a local authority unit of this state from the imposition of a civil or administrative penalty on or after the effective date of this Act, regardless of whether the penalty was imposed before, on, or after the effective date of this Act. SECTION 7. Not later than December 1, 2007, the executive commissioner of the Health and Human Services Commission shall adopt rules to implement Chapter 782, Health and Safety Code, as added by this Act. SECTION 8. The reporting and publication requirements imposed by Section 707.004, Transportation Code, as added by this Act, apply only to a year beginning on ox after Januaxy 1, 2008. SECTION 9. Section 707.003, Transportation Code, as added by this Act, applies only to a contract entered into on or after the effective date of this Act. SECTION 10_ This Act takes effect September 1, 2007. 20 S.B. No. 1119 President of the Senate Speaker of the House I hereby certify that S.B. No. 1119 passed the Senate on April 3, 2007, by the following vote: Yeas 28, Nays 2; May 24, 2007, Senate refused to concur in House amendments and requested appointment of Conference Committee; May 26, 2007, House granted request of the Senate; May 27, 2007, Senate adopted Conference Committee Report by the following vote: Yeas 28, Nays 2. Secretary of the Senate I hereby certify that S.B. No. 1119 passed the House, with amendments, on May 16, 2007, by the following vote: Yeas 136, Nays 12, two present not voting; May 26, 2007, House granted request of the Senate for appointment of Conference Committee; May 27, 2007, House adopted Conference Committee Report by the following vote: Yeas 125, Nays 18, two present not voting. Chief Clerk of the House Approved: Date Governor 21