2019-107 Red Light Camera ProhibitionDate: May 24, 2019 Report No. 2019-107
INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: Information relating to the impact of House Bill 1631, which prohibits the use of photographic traffic signal enforcement systems. EXECUTIVE SUMMARY: House Bill 1631 was recently passed by the Texas State Legislature and prohibits the use of photographic traffic signal enforcement systems. The bill compels the City of Denton to cease its use of a red-light camera system and, as a result, staff are working with the system vendor to
discuss the ending of operations and termination of our services contract.
BACKGROUND: On November 15, 2005, the City Council authorized the City Manager to enter into a contract with Redflex Traffic Systems USA for the administration of an automated traffic signal enforcement
system, or a “red-light camera” system. The contract was amended on July 21, 2009, allow for an additional five (5) year contract term, with the option for two five (5) year extensions. The City exercised the first extension in 2014 and would be eligible to exercise the second extension on or before July 20, 2019.
On May 17, 2019, House Bill 1631 received final passage from the Texas State Legislature and was sent to the Office of the Governor on May 21 for signature. This bill amends the Transportation Code to prohibit local authorities, including municipalities, from operating a photographic traffic signal enforcement system, or red-light camera. If a city entered into a contract for the administration and enforcement of a red-light camera prior to May 7, 2019, the
City may continue operate the system until the end of the contract term. The Bill becomes law immediately upon the Governor’s signature or 20 days after the adjournment of the legislative session, whichever comes first. It is widely expected that the Governor will sign H.B. 1631 or leave it unsigned, thus allowing it to become law.
DISCUSSION: H.B. 1631 contains a provision such that if a city entered into a contract for the administration and enforcement of a red-light camera prior to May 7, 2019, the City may continue operate the system until the end of the contract term. However, this provision does not apply to any City whose contract language authorizes the termination of the contract on the basis of adverse state
legislation. The City of Denton contract with Redflex Traffic Systems, while in effect on May 7, 2019, contains language allowing the termination of the contract based on adverse state legislation. As a result, staff believes the City will no longer have the legal authority to operate a red-light camera
system after the effective date of H.B. 1631, which, at the latest, would be June 16, 2019.
Date: May 24, 2019 Report No. 2019-107
In anticipation of passage of the HB 1631 into law, Staff members have begun discussions with Redflex regarding the likely termination of our contract and the future removal of their assets from the City’s rights-of-way.
Additionally, the City of Denton is reviewing options to disregard any violations resulting from a red-light camera that were issued on or after May 18, 2019. This is the day after H.B. 1631 was adopted by the Legislature and enrolled. If the City took such a step, the violations received on or before May 17, 2019, remain valid and enforceable.
Staff is preparing a Work Session presentation, currently scheduled for June 3, to discuss the effects of H.B. 1631 including financial impacts and the process and timeline for ceasing red-light camera operations.
CONCLUSION: Due to the passage of H.B. 1631 from the legislature, the City of Denton will be compelled to cease red-light camera operations. A Work Session presentation is being prepared to provide additional information and a discussion opportunity for the City Council.
ATTACHMENT(S): 1. House Bill 1631 (Enrolled) 2. 2005 Contract with Redflex Traffic Systems USA 3. 2009 Contract Amendment with Redflex Traffic Systems USA
STAFF CONTACT: Ryan Adams Deputy Director of Public Affairs/IGR (940) 349-8565
Ryan.Adams@cityofdenton.com
H.B.ANo.A1631
AN ACT
relating to prohibiting the use of photographic traffic signal
enforcement systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTIONA1.AAThe heading to Chapter 707, Transportation Code,
is amended to read as follows:
CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEM PROHIBITED
SECTIONA2.AAChapter 707, Transportation Code, is amended by
adding Sections 707.020 and 707.021 to read as follows:
Sec.A707.020.AAPHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
SYSTEM PROHIBITED. (a) Notwithstanding any other law, a local
authority may not implement or operate a photographic traffic
signal enforcement system with respect to a highway or street under
the jurisdiction of the authority.
(b)AAThe attorney general shall enforce this section.
Sec.A707.021.AAUSE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
law, a local authority may not issue a civil or criminal charge or
citation for an offense or violation based on a recorded image
produced by a photographic traffic signal enforcement system.
SECTIONA3.AASection 27.031(a), Government Code, is amended
to read as follows:
(a)AAIn addition to the jurisdiction and powers provided by
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the constitution and other law, the justice court has original
jurisdiction of:
(1)AAcivil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $10,000, exclusive of interest;
(2)AAcases of forcible entry and detainer;and
(3)AAforeclosure 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)AAcases arising under Chapter 707, Transportation
Code, outside a municipality ’s territorial limits].
SECTIONA4.AASection 780.003(b), Health and Safety Code, is
amended to read as follows:
(b)AAThe account is composed of money deposited to the credit
of the account under the [Sections 542.406 and 707.008,]
Transportation Code[,] and under Section 780.002 of this code.
SECTIONA5.AASection 133.004, Local Government Code, as
amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted and amended to read as follows:
Sec.A133.004.AACIVIL FEES. This chapter applies to the
following civil fees:
(1)AAthe consolidated fee on filing in district court
imposed under Section 133.151;
(2)AAthe filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3)AAthe filing fee in courts other than district court
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for basic civil legal services for indigents imposed under Section
133.153;
(4)AAthe filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5)AAthe filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6)AAthe filing fees for the judicial fund imposed in
statutory probate courts under Section 51.704, Government Code;
(7)AAfees collected under Section 118.015;
(8)AAmarriage license fees for the family trust fund
collected under Section 118.018;
(9)AAmarriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022;and
(10)AAthe filing fee for the judicial fund imposed in
district court, statutory county court, and county court under
Section 133.154[; and
[(11)AAthe portion of the civil or administrative
penalty described by Section 542.406(c)(1), Transportation Code,
imposed by a local authority to enforce compliance with the
instructions of a traffic-control signal;
[(11)AAthe portion of the civil or administrative
penalty 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].
SECTIONA6.AAThe following are repealed:
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(1)AASection 29.003(g), Government Code;
(2)AASections 542.405,542.406, and 544.012,
Transportation Code; and
(3)AASections 707.001(2),707.002,707.0021,707.003,
707.004,707.005,707.006,707.007,707.008,707.009,707.010,
707.011,707.012,707.013,707.014,707.015,707.016,707.017,
707.018, and 707.019, Transportation Code.
SECTIONA7.AA(a) Notwithstanding any provision of this Act to
the contrary, if before May 7, 2019, a local authority had enacted
an ordinance to implement a photographic traffic signal enforcement
system under Sections 542.405 and 542.406, Transportation Code, or
Chapter 707, Transportation Code, and entered into a contract for
the administration and enforcement of the system:
(1)AAthe local authority may continue to operate the
system under that ordinance and under the terms of that contract
until the expiration date specified in the contract as the contract
existed on May 7, 2019; and
(2)AAthe photographic traffic signal enforcement
system, and any proceeding initiated or civil or administrative
penalty imposed after the effective date of this Act are governed by
the applicable law in effect immediately before the effective date
of this Act, and the former law is continued in effect for that
purpose.
(b)AASubsection (a) of this section does not apply to a
contract for the administration and enforcement of a photographic
traffic signal enforcement system entered into before May 7, 2019,
that authorizes termination of the contract on the basis of adverse
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state legislation.
(c)AANeither the Texas Department of Motor Vehicles nor a
county assessor-collector may refuse to register a motor vehicle
alleged to have been involved in a violation of former Chapter 707,
Transportation Code, solely because the owner of the motor vehicle
is delinquent in the payment of a civil penalty imposed under that
chapter as permitted under Subsection (a) of this section.
SECTIONA8.AAThis Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.
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______________________________ ______________________________
AAAAPresident of the Senate Speaker of the HouseAAAAAA
I certify that H.B. No. 1631 was passed by the House on May 8,
2019, by the following vote:AAYeas 109, Nays 34, 3 present, not
voting.
______________________________
Chief Clerk of the HouseAAA
I certify that H.B. No. 1631 was passed by the Senate on May
17, 2019, by the following vote:AAYeas 23, Nays 8.
______________________________
Secretary of the SenateAAAA
APPROVED:AA_____________________
AAAAAAAAAAAAAAAAAAAADateAAAAAAAAAA
AAAAAAAAAAA_____________________
AAAAAAAAAAAAAAAAAAGovernorAAAAAAA
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