Texas Transportation Code
Sec. § 542.406
Deposit of Revenue From Certain Traffic Penalties


(a)

In this section, "photographic traffic signal enforcement system" means a system that:

(1)

consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic-control signal;

(2)

is capable of producing one or more recorded photographic or digital 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; and

(3)

is designed to enforce compliance with the instructions of the traffic-control signal by imposition of a civil or administrative penalty against the owner of the motor vehicle.

(b)

This section applies only to a civil or administrative penalty imposed on the owner of a motor vehicle by a local authority that operates or contracts for the operation of a photographic traffic signal enforcement system with respect to a highway under its jurisdiction or that operates or contracts for the operation of any other type of electronic traffic law enforcement system consisting of a camera system that automatically produces one or more recorded photographs or digital images of the license plate on a motor vehicle or the operator of a motor vehicle.

(c)

Not later than the 60th day after the end of a local authoritys fiscal year, after deducting amounts the local authority is authorized by Subsection (d) to retain, the local authority shall:

(1)

send 50 percent of the revenue derived from civil or administrative penalties collected by the local authority under this section to the comptroller for deposit to the credit of the designated trauma facility and emergency medical services account established under Section 780.003, Health and Safety Code; and

(2)

deposit the remainder of the revenue in a special account in the local authoritys treasury that may be used only to fund traffic safety programs, including pedestrian safety programs, public safety programs, intersection improvements, and traffic enforcement.

(d)

A local authority may retain an amount necessary to cover the costs of:

(1)

purchasing or leasing equipment that is part of or used in connection with the photographic traffic signal enforcement system in the local authority;

(2)

installing the photographic traffic signal enforcement system at sites in the local authority, including the costs of installing cameras, flashes, computer equipment, loop sensors, detectors, utility lines, data lines, poles and mounts, networking equipment, and associated labor costs;

(3)

operating the photographic traffic signal enforcement system in the local authority, including the costs of creating, distributing, and delivering violation notices, review of violations conducted by employees of the local authority, the processing of fine payments and collections, and the costs associated with administrative adjudications and appeals; and

(4)

maintaining the general upkeep and functioning of the photographic traffic signal enforcement system.

(e)

Chapter 133, Local Government Code, applies to fee revenue described by Subsection (c)(1).

(f)

If under Section 133.059, Local Government Code, the comptroller conducts an audit of a local authority and determines that the local authority retained more than the amounts authorized by this section or failed to deposit amounts as required by this section, the comptroller may impose a penalty on the local authority equal to twice the amount the local authority:

(1)

retained in excess of the amount authorized by this section; or

(2)

failed to deposit as required by this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1027 (H.B. 1623), Sec. 9, eff. September 1, 2007.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 448 (H.B. 7), Sec. 38, eff. September 1, 2015.
Source
Last accessed
Aug. 22, 2019