Allow voters the option to repeal red light camera ordinances

Allow voters in counties and municipalities the option to repeal red light camera ordinances and operations by voter-initiated referendum.

Currently, Chapter 707 of the Texas Transportation Code authorizes counties and municipalities to set up “red light” cameras at intersections. While popular with government officials because of significant increases in revenue, Texas has exhibited increasing local opposition to red light cameras. College Station repealed its red light camera law in 2009 after residents signed a petition to place the referendum on the ballot. Houston also repealed its red light camera ordinance in 2011 in a 14-1 vote of the city council. Baytown, Dayton, and League City have also voted to repeal their red light camera ordinances.

Not every city has been successful in its efforts to remove its red light cameras. Earlier in 2013, citizens of Sugar Land gathered more than 3,000 signatures to put the issue on an upcoming ballot. The city council, however, threw out their petition on a technicality.

The Legislature should pass a law amending Chapter 707 of the Transportation Code to include a provision allowing residents of counties and municipalities an option to repeal city government installation and operation of red light cameras. Currently, many local governments provide a means of petitioning for laws and presenting referendum votes. College Station, for instance, provides in Article 10 of its city charter a method of proposing changes to local code. If a petition is joined by at least 25 percent of the electorate–as measured by voters in the last municipal election–and is presented to the city council, the city council must consider the proposal. When residents of College Station presented their petition to the City Council, the red light camera ordinance was repealed via unanimous vote.
The problem, however, is that not all cities have a clear path to repealing certain laws. Hypothetically, if Austin voters ever wanted to repeal a red light camera ordinance, the Austin City Charter requires a “a petition signed by qualified voters of the city equal in number to the number of signatures required by state law to initiate an amendment to [its] Charter.” State law, under Article 11 of the Texas Constitution, would require a majority vote of all qualified voters in the city to propose such a change, a much higher burden than the process in College Station.

This recommendation would provide all counties and municipalities in Texas a defined path to petition for repeal of red light camera ordinances. The bill should provide a clear method to present the issue to voters: a petition signed at least ten percent of the number participating in the most recent presidential or gubernatorial election, whichever is more recent. This recommendation respects local governance, while at the same time empowering residents to act on an important issue