The installation of photographic school bus stop arm enforcement
systems on school buses operated within the city for the purpose of
reducing school bus stop arm violations and injuries to students citywide.
A school bus equipped with a photographic school bus stop
arm enforcement system.
The date that a civil school bus stop arm citation is mailed
in accordance with this article.
The department of the city designated by the city manager
to enforce and administer this article, or the department’s
designated representative.
The director of the department or the director’s authorized
representative.
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 person named under section 18.11.005(d) or (g) as the lessee of the motor vehicle at the time of a school bus stop arm violation; or
The person named under section 18.11.005(h) as holding legal title to the motor vehicle at the time of a school bus stop arm violation.
A system that consists of cameras installed on the exterior
of a school bus that work in conjunction with an automatic stop arm
on the school bus, which stop arm, along with flashing warning lights
and other equipment required by section 547.701(c) of the Texas Transportation
Code, as amended, warns drivers that the school bus is stopped for
the purpose of loading or unloading students; and
A system that is capable of producing a recorded image depicting the license plate attached to the front or the rear of a motor vehicle that passes the school bus in violation of section 18.11.005 of this article.
A photographic or digital image recorded by photographic
school bus stop arm enforcement system that depicts the front or the
rear of a motor vehicle.
Has the meaning given that term in section 541.201 of the
Texas Transportation Code, as amended.
A violation of section 18.11.005 of this article.
A citation for a school bus stop arm violation issued under
this article.
The department is responsible for the enforcement and administration
of this article. The director shall implement and enforce this article
and may by written order establish such rules or regulations, not
inconsistent with this article, as the director determines are necessary
to discharge the director’s duties under or to effect the policy
of this article.
(a)
The city manager or a designated representative shall appoint enforcement
officers to issue civil school bus stop arm citations.
(b)
An enforcement officer shall have the following powers, duties, and
functions:
(1)
To review recorded enforcement system to determine whether a school
bus stop arm violation has occurred.
(2)
To order a school bus stop arm citation to be issued based on evidence
from the recorded images.
(3)
To void recorded images due to lack of evidence or due to knowledge that a defense described in section 18.11.005 applies.
(4)
To issue warnings in lieu of citations during acceptance testing
of the photographic school bus stop arm enforcements system or at
any other time prescribed by the director.
(a)
The city council shall designate hearing officers from a list of
persons recommended by the city manager, or a designated representative,
to administratively adjudicate all school bus stop arm violations
for which a civil school bus stop arm citation has been issued.
(b)
A hearing officer shall have the following powers, duties, and functions:
(1)
To administer oaths.
(2)
To accept admissions to, and to hear and determine contests of, school
bus stop arm violations under this article.
(3)
To issue orders compelling the attendance of witnesses and the production
of documents, which orders may be enforced by a municipal court.
(a)
The owner of a motor vehicle that is operated in violation of section
545.066 of the Texas Transportation Code, as amended, by passing a
stopped camera-enforced school bus displaying the visual signals required
by section 547.701(c) of the Texas Transportation Code, as amended,
commits a civil offense and is liable for a civil fine under this
article.
(b)
It is a defense to a charge of a school bus stop arm violation under
this section that:
(1)
The school bus was not operating the visual signals required by section
547.701(c) of the Texas Transportation Code, as amended;
(2)
The operator of the motor vehicle was acting in compliance with the
lawful order or direction of a peace officer;
(3)
The operator of the motor vehicle was in the process of passing the
school bus before the school bus operated a visual signal described
by section 547.701(c) of the Texas Transportation Code, as amended;
(4)
The operator of the motor vehicle passed the stopped school bus so
as to yield the right-of-way to an immediately approaching authorized
emergency vehicle;
(5)
The motor vehicle was being operated as an authorized emergency vehicle
under chapter 546 of the Texas Transportation Code, as amended, and
the operator was acting in compliance with that chapter;
(6)
The motor vehicle was a stolen vehicle being operated by a person
other than the vehicle’s owner without the consent of the vehicle
owner and proof is submitted to the hearing officer that the theft
of the motor vehicle had been timely reported to the appropriate law
enforcement agency;
(7)
The license plate depicted in the recorded image of the school bus
stop arm violation was a stolen plate being displayed on a motor vehicle
other than the motor vehicle for which the plate had been issued and
proof is submitted to the hearing officer that the theft of the license
plate had been timely reported to the appropriate law enforcement
agency; or
(8)
The presence of ice, snow, unusual amounts of rain, or other unusually
hazardous road conditions existed that would have made compliance
with this section more dangerous under the circumstances than noncompliance.
(c)
It is presumed that the registered owner of the vehicle depicted
in the recorded image of a school bus stop arm violation for which
a school bus stop arm citation is issued is the person who committed
the school bus stop arm violation. Proof of ownership may be made
by a computer-generated record of the registration of the vehicle
with the Texas Department of Transportation showing the name of the
person to whom state license plates were issued. This proof is prima
facie evidence of the ownership of the vehicle by the person to whom
the certificate of registration was issued.
(d)
A vehicle owner who is in the business of selling, renting, or leasing
vehicles will not be liable for the civil school bus stop arm fines,
penalties, and costs imposed by the city on a vehicle for sale or
a rented or leased vehicle if the vehicle owner presents evidence
establishing that the vehicle depicted in the recorded image was at
the time of the alleged violation being rented, leased, or test driven
by another person. Evidence sufficient to establish that the vehicle
was being rented, leased, or test driven includes:
(1)
The true name, address, and driver’s license number and state
of issuance of the person renting, leasing, or test driving the vehicle
at the time the recorded image of the school bus stop arm violation
was taken; or
(2)
A true copy of the lease or rental agreement in effect at the time
the recorded image of the school bus stop arm violation was taken.
(e)
Evidence presented under subsection (d) of this section must be presented through oral testimony or by affidavit under penalty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by mail.
(f)
If the owner of a vehicle presents evidence under subsections (d) and (e) of this section establishing that the vehicle depicted in the recorded image was being rented, leased, or test driven at the time of the violation, the owner may not be held liable for civil school bus stop arm fines, penalties, and costs, and the director shall send the school bus stop arm citation to the test driver or lessee who is presumed to have committed the school bus stop arm violation. An owner of a vehicle who fails to comply with subsections (d) or (e) of this section will be treated as any other vehicle owner and will be liable for the school bus stop arm violation.
(g)
If, at the time the recorded image of the school bus stop arm violation was taken, the vehicle depicted in the recorded image 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 vehicle owner shall, within 30 calendar days after the date the school bus stop arm citation is received, provide to the department the name and address of the individual who was renting or leasing the motor vehicle depicted in the recorded image and a statement of the period during which that individual was renting or leasing the vehicle. This information must be provided regardless of whether the person provides evidence under subsections (d) and (e) of this section that the vehicle was being rented, leased, or test driven at the time of the school bus stop arm violation.
(h)
A registered owner named in the school bus stop arm citation who
did not hold legal title to the motor vehicle at the time of a school
bus stop arm violation will not be liable for the civil school bus
stop arm fines, penalties, and costs imposed by the city on that vehicle
if the registered owner presents evidence establishing that another
person held legal title to the vehicle at the time the recorded image
of the school bus stop arm violation was taken. Evidence sufficient
to establish that the vehicle was owned by another person at the time
of the school bus stop arm violation includes:
(1)
The true name, address, and driver’s license number and state
of issuance of the person who held legal title to the vehicle at the
time the recorded image of the school bus stop arm violation was taken;
or
(2)
A true copy of any purchase or sale documentation (including proof
of transfer of title) showing the name of the person who held title
to the vehicle at the time the recorded image of the school bus stop
arm violation was taken (that person’s address must also be
provided if not contained in the documentation).
(i)
Evidence presented under subsection (h) of this section must be presented through oral testimony or by affidavit under penalty of perjury. Evidence through oral testimony must be presented at the administrative adjudication hearing. Evidence by affidavit under penalty of perjury may be presented by mail.
(j)
If the registered owner named in the violation complies with subsections (h) and (i) of this section, the registered owner may not be held liable for civil school bus stop arm fines, penalties, and costs, and the director shall send the school bus stop arm citation to the person who held legal title to the vehicle at the time the recorded image of the school bus stop arm violation was taken. A registered owner named in the school bus stop arm citation who fails to comply with subsections (h) and (i) of this section will be treated as any other vehicle owner and will be liable for the school bus stop arm violation.
(a)
A civil school bus stop arm citation serves as the summons and complaint
for purposes of this article.
(b)
The school bus stop arm citation must be on a form prescribed by
the director and must include the following information:
(1)
The name and address of the owner of the vehicle involved in the
violation.
(2)
A description of the violation alleged.
(3)
The date and time of the violation and the location of the school
bus where the violation occurred.
(4)
The citation issuance date.
(5)
The registration number displayed on the license plate of the vehicle
involved in the violation.
(6)
A copy of a recorded image of the violation that includes a depiction
of the registration number displayed on the license plate of the vehicle
involved in the violation.
(7)
The amount of the civil fine to be imposed for the violation.
(8)
The date by which the civil fine must be paid or the request for
an administrative adjudication hearing must be made.
(9)
A statement that, in lieu of requesting an administrative adjudication
hearing, the person named in the school bus stop arm citation may
pay the civil fine in person or by mail at an address designated on
the citation.
(10)
A notification that the vehicle owner has the right to contest the
imposition of the civil fine in an administrative adjudication hearing
by submitting a written request for an administrative adjudication
hearing within 30 calendar days after the date the school bus stop
arm citation is issued.
(11)
A notification that any request by the vehicle owner to have the enforcement officer, or other authorized person who issued the citation, present at the hearing must be made in writing as part of the written request for an administrative adjudication hearing under subsection (10) above and that failure to timely make this request constitutes a waiver of the vehicle owner’s right to require the presence of the enforcement officer or other authorized person at the hearing.
(12)
A notification that failure to pay the civil fine or to timely request
an administrative adjudication hearing is considered an admission
of liability for the school bus stop arm violation, is a waiver of
the person’s right to appeal the imposition of the civil fine,
and will result in the assessment of appropriate civil fines, penalties,
and costs.
(13)
A statement that the person will incur a late payment penalty if
the person fails to pay the civil fine or request an administrative
adjudication hearing within 30 calendar days after the date of issuance
of the school bus stop arm citation.
(14)
A notification that an arrest warrant may not be issued for failure
to timely pay the civil fines, penalties, and costs and that the imposition
of the civil penalty may not be recorded on the vehicle owner’s
driving record.
(c)
The original or any copy of a civil school bus stop arm citation
is a record kept in the ordinary course of city business and is prima
facie evidence of the facts contained in the citation.
(a)
In order to impose a civil fine under this article, the director
shall send a school bus stop arm citation to the owner of the motor
vehicle involved in the school bus stop arm violation within 30 calendar
days after the date the violation is alleged to have occurred. The
citation must be sent, by United States mail, to:
(1)
The owner’s address as shown on the registration records of
the Texas Department of Transportation;
(2)
If the vehicle is registered in another state or country, the owner’s
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;
(3)
If the owner presents evidence or information under section 18.11.005(d) or (g) that the vehicle was being rented, leased, or test driven at the time of the school bus stop arm violation, the address provided by the seller or lessor under section 18.11.005(d) or (g); or
(4)
If the registered owner presents evidence under section 18.11.005(h) that another person had legal title to the vehicle at the time of the school bus stop arm violation, the address provided under section 18.11.005(h).
(b)
A school bus stop arm citation is presumed to have been received
on the fifth day after the date the citation is mailed.
(a)
A vehicle owner who has been issued a civil school bus stop arm citation
shall either personally or through a representative, answer to the
charge of the school bus stop arm violation by the date shown on the
citation, which date may not be earlier than the 30th day after the
date the citation is issued. An answer may be made in any of the following
ways:
(1)
An admission of liability with a payment of the applicable civil
fine, and any additional penalties and costs.
(2)
A request to schedule an administrative adjudication hearing to either
deny liability or admit liability with an explanation before a hearing
officer.
(3)
A denial of liability accompanied by an affidavit under penalty of perjury presenting evidence under section 18.11.005 that the vehicle depicted in the recorded image was at the time of the school bus stop arm violation being rented, leased, or test driven.
(4)
A denial of liability accompanied by an affidavit under penalty of perjury presenting evidence under section 18.11.005 that the person named in the school bus stop arm citation was not the owner of the vehicle depicted in the recorded image at the time of the violation.
(5)
A request for permission from a hearing officer to adjudicate by
mail.
(b)
Payment of the civil fine and any additional penalties and costs may be made in person or by mailing the school bus stop arm citation to the address shown on the citation, accompanied by payment of the amount shown on the citation. Payment by mail may be made only by money order or check. Payment of the civil fine and all penalties and costs assessed under this article operates as a final disposition of the school bus stop arm violation charge, except when payment is made to reset a scheduled hearing as allowed under section 18.11.010.
(a)
If a vehicle owner charged with a school bus stop arm violation shows
good cause for not attending a hearing, either personally or through
a representative, the hearing officer may permit the matter to be
adjudicated by mail, which adjudication must be completed within 90
calendar days after the date of issuance of the school bus stop arm
citation.
(b)
Letters, memoranda, affidavits, photographs, and other documentary
materials will be admissible as evidence for the purposes of adjudication
by mail. The hearing officer may exclude from consideration any material
that is not relevant to the adjudication of the alleged violation.
(c)
Failure of the vehicle owner to proceed with an adjudication by mail
after requesting and receiving permission to adjudicate by mail is
an admission of liability for the school bus stop arm violation and
will subject the owner to the appropriate civil fines, penalties,
and costs assessed by the hearing officer.
(d)
If a hearing officer determines that adjudication cannot proceed
by mail, the hearing officer shall advise the vehicle owner by first
class mail that the owner must appear to answer the charge at a hearing.
(a)
Every hearing for the adjudication of a school bus stop arm violation
charge under this article must be held before a hearing officer not
later than the 30th day after the department receives a request for
an administrative adjudication hearing. The director shall notify,
in writing, the person requesting a hearing of the date, time, and
location of the hearing.
(b)
A person may make a request to reset a scheduled administrative adjudication
hearing. A scheduled administrative adjudication hearing may not be
reset more than once unless the vehicle owner pays to the director
an amount equal to the applicable civil fine for the school bus stop
arm violation, with any additional penalties and costs. The director
shall issue a receipt for any amounts paid under this subsection.
After presentation of the receipt, all amounts paid will be refunded
to the vehicle owner if the hearing officer, or a municipal court
on appeal, finds that the owner is not liable for the school bus stop
arm violation.
(c)
At a hearing, the civil school bus stop arm citation and the recorded
images produced by the photographic school bus stop arm enforcement
system are prima facie proof of the school bus stop arm violation,
and the enforcement officer or other authorized person who issued
the citation is not required to be present unless requested by the
vehicle owner charged or by the hearing officer. A vehicle owner’s
request to have the enforcement officer or other authorized person
who issued the citation, present at the hearing must be in writing
and received by the hearing officer as part of the person’s
request for an administrative adjudication hearing. Failure to timely
make this request constitutes a waiver of the vehicle owner’s
right to require the presence of the enforcement officer or other
authorized person at the hearing.
(d)
At a hearing, the hearing officer shall hear and consider evidence
presented by the city and by the vehicle owner. The formal rules of
evidence do not apply to a hearing under this article, and the hearing
officer shall make a decision based upon a preponderance of the evidence
presented at the hearing, after giving due weight to all presumptions
and prima facie evidence established by this article or other applicable
law.
(e)
At a hearing, the reliability of the photographic school bus stop
arm enforcement system used to provide the recorded images of the
school bus stop arm violation may be attested to by affidavit of an
officer or employee of the city, or of the entity with which the city
contracts to install or operate the system, who is responsible for
inspecting and maintaining the system. An affidavit of an officer
or employee of the city that alleges a school bus stop arm violation
based on an inspection of the pertinent recorded images is admissible
in a proceeding under this article, is evidence of the facts contained
in the affidavit, and is prima facie evidence of the violation alleged
in the school bus stop arm citation.
(f)
At the conclusion of the hearing, the hearing officer shall immediately
render an order or decision, either by:
(1)
Finding the vehicle owner liable for the school bus stop arm violation,
assessing the applicable civil fine and any penalties and other costs
in accordance with this article, and notifying the owner of the right
to appeal to municipal court; or
(2)
Finding the vehicle owner not liable for the school bus stop arm
violation.
(g)
An order of a hearing officer must be in writing, signed, and dated
by the hearing officer and filed with the department in a separate
index and file. The order may be recorded using computer printouts,
microfilm, microfiche, or similar data processing techniques.
(a)
The failure of a vehicle owner charged with a school bus stop arm
violation to answer to the charge within 30 calendar days after the
date of issuance of the school bus stop arm citation or to appear
at any hearing, including a hearing on appeal, when required to appear
is an admission of liability for the school bus stop arm violation,
and the hearing officer, or the municipal court in the case of an
appeal, shall issue an order of liability and assess against the owner
the appropriate civil fines, penalties, and other costs.
(b)
Within seven calendar days after filing an order of liability issued under this section, a hearing officer or the entity with which the city contracts, shall notify the vehicle owner in writing of the order. The notice must be sent by United States mail to the address required for service of a citation under section 18.11.007 or to the address of the vehicle owner last known to the hearing officer. The notice must include a statement of:
(c)
Regardless of any other provision of this article, a person who receives
a school bus stop arm citation and who fails to timely pay the civil
fine or fails to timely request an administrative adjudication hearing
is still entitled to an administrative adjudication hearing is still
entitled to an administrative adjudication hearing if:
(1)
The person submits to the hearing officer a written request for a
hearing, accompanied by an affidavit, that attests to the date on
which the person received the school bus stop arm citation; and
(2)
The written request and affidavit are submitted to the hearing officer
within 30 calendar days after the date the person received the school
bus stop arm citation.
(a)
If a civil fine is assessed under this article, it must be in accordance
with this section. A fine may not be waived or modified by a hearing
officer, or by a municipal court on appeal, when a vehicle owner is
found liable for a school bus stop arm violation, except that additional
penalties and other costs may be added in accordance with this section.
(b)
The owner of a motor vehicle liable for a school bus stop arm violation shall pay a civil fine as provided for in section A18.11.012 of the fee schedule in appendix A to this code for each violation.
(c)
An additional late payment penalty as provided for in section A18.11.012 of the fee schedule in appendix A to this code will be assessed if the vehicle owner fails to:
(1)
Answer a school bus stop arm citation within 30 calendar days after
its date of issuance;
(2)
Appear at a hearing scheduled to adjudicate the school bus stop arm
violation charge; or
(3)
After being found liable, pay all civil fines, penalties, fees, and
costs assessed for a school bus stop arm violation within the time
designated by the hearing officer, or by the municipal court on appeal.
(a)
A vehicle owner determined by a hearing officer at an administrative adjudication hearing to be liable for a school bus stop arm violation may appeal this determination to the municipal court by filing an appeal petition, along with a filing fee as provided for in section A18.11.013 of the fee schedule in appendix A to this code, with the municipal court clerk or a deputy clerk before the 31st calendar day after the date the hearing officer’s order is entered with the department. If the hearing officer’s order is reversed, the filing fee will be returned by the city to the appellant.
(b)
Upon receipt of an appeal petition, the municipal court clerk or
deputy clerk shall schedule an appeal hearing and notify all parties
of the date, time, and location of the hearing. The enforcement officer
or other authorized person who issued the civil school bus stop arm
citation is not required to be present at the appeal hearing unless
requested by the vehicle owner charged. A vehicle owner’s request
to have the enforcement officer, or other authorized person who issued
the citation, present at the appeal hearing must be in writing and
made as part of the appeal petition. Failure to timely make this request
constitutes a waiver of the vehicle owner’s right to require
the presence of the enforcement officer or other authorized person
at the appeal hearing.
(c)
The appeal hearing must be a trial de novo in municipal court and
is a civil court proceeding. The decision of the municipal court is
final.
(d)
Service of notice of appeal under this section stays the enforcement
and collection of any civil fines, penalties, and costs ordered by
the hearing officer. An appeal petition must be accompanied by a notarized
statement in which the vehicle owner agrees to pay all civil fines,
penalties, and costs ordered by the hearing officer, if the person
is still found liable by the municipal court upon appeal.
(e)
At an appeal hearing, the civil school bus stop arm citation and
the recorded images produced by the photographic school bus stop arm
enforcement system are prima facie proof of the school bus stop arm
violation, and the enforcement officer or other authorized person
who issued the citation is not required to be present unless requested
by the vehicle owner.
(f)
At an appeal hearing, the reliability of the photographic school
bus stop arm enforcement system used to produce the recorded images
of the school bus stop arm violation may be attested to by affidavit
of an officer or employee of the city, or of the entity with which
the city contracts to install or operate the system, who is responsible
for inspecting and maintaining the system. An affidavit of an officer
or employee of the city that alleges a school bus stop violation based
on an inspection of the pertinent recorded images is admissible in
a proceeding under this article, is evidence of the facts contained
in the affidavit, and is prima facie evidence of the violation alleged
in the school bus stop arm citation.
(a)
The imposition of a civil fine under this article is not a conviction
or criminal offense and may not be considered a conviction or criminal
offense for any purpose. Failure to timely pay a civil fine under
this article may not result in an arrest warrant being issued for
the vehicle owner and may not be recorded on the owner’s driving
record.
(b)
A civil fine may not be imposed under this article on the owner of
a motor vehicle if the operator of the vehicle was arrested or was
issued a criminal citation by a peace officer under section 545.066
of the Texas Transportation Code, as amended, for the school bus stop
arm violation recorded by the photographic school bus stop arm enforcement
system.
(c)
The city attorney is authorized to file suit or take other action
to collect any civil fines, penalties, and costs assessed under this
article.
Civil fines, penalties, and costs assessed under this article
must be used to fund the automated school bus stop arm enforcement
program, other programs designed to further student safety, and other
traffic safety projects and improvements.
(Ordinance 13-036 adopted 5/14/13)
