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By: Callegari H.B. No. 1052
A BILL TO BE ENTITLED
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 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 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 or located according to standards established in the manual adopted by the Texas Transportation Commission under Section 544.001, be easily readable to any operator approaching the intersection, and clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty.
(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. This Act takes effect September 1, 2007.
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