(a) A person who receives a notice of violation may contest the imposition of the civil penalty by requesting in writing an administrative adjudication of the civil penalty within thirty (30) days after the date the notice of violation was mailed. Upon receipt of a timely request, the department shall notify the person of the date and the time of the administrative adjudication hearing, which shall be scheduled within thirty (30) days after the date of the department's receipt of the request. The administrative adjudication hearing shall be held before a hearing officer appointed by the city. Said hearing officer shall have the authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents.
(b) The civil penalty, late fees and costs described in this article shall not be assessed if after a hearing, the hearing officer enters a finding of no liability.
(c) Failure to pay a civil penalty or to contest liability in a timely manner is an admission of liability in the full amount of the civil penalty assessed in the notice of violation, and is a waiver of the right to appeal.
(d) In an administrative adjudication hearing, the issues must be proved at the hearing by a preponderance of the evidence. The reliability of the photographic traffic signal enforcement system used to produce the recorded image of the violation may be attested to in an administrative adjudication hearing by affidavit of an officer or employee of the city or the entity with which the city contracts to install or operate the system and who is responsible for inspecting and maintaining the system. An affidavit of an officer or employee of the city that alleges a violation based on an inspection of the pertinent recorded image, is admissible in a proceeding under this article and is evidence of the violation alleged in the notice of violation.
(e) A person who is found liable after an administrative adjudication hearing or who requests an administrative adjudication hearing and thereafter fails to appear at the time and place of the hearing is liable for administrative hearing costs in the amount of twenty-five dollars ($25.00) in addition to the amount of the civil penalty assessed for the violation. A person who is found liable for a civil penalty after an administrative adjudication hearing shall pay the civil penalty and costs within thirty (30) days of the hearing.
(f) It shall be an affirmative defense to the imposition of civil liability under this article, to be proven by a preponderance of the evidence, that:
(1) the traffic control signal was not in proper position and sufficiently legible to an ordinarily observant person;
(2) the operator of the motor vehicle was acting in compliance with the lawful order or direction of a police officer, firefighter, or other person authorized by local, state or federal law to direct or control traffic;
(3) the operator of the motor vehicle violated the instructions of the traffic control signal so as to yield the right-of-way to an immediately approaching authorized emergency vehicle;
(4) the motor vehicle was being operated as an authorized emergency vehicle under Chapter 546 of the Texas Transportation Code and that the operator was acting in compliance with that chapter;
(5) the motor vehicle was a stolen vehicle and being operated by a person other than the owner of the vehicle without the effective consent of the owner;
(6) the license plate depicted in the recorded image of the violation was a stolen plate and being displayed on a motor vehicle other than the motor vehicle for which the plate had been issued;
(7) the presence of ice, snow, unusual amounts of rain or other unusually hazardous road conditions existed and would make compliance with this article more dangerous under the circumstances than non-compliance;
(8) the person who received the notice of violation was not the owner of the motor vehicle at the time of the violation; or
(9) the person was arrested or issued a citation and notice to appear by a peace officer for a violation of Section 544.007(d) of the Texas Transportation Code.
(g) To demonstrate that at the time of the violation the motor vehicle was a stolen vehicle or the license plate displayed on the motor vehicle was a stolen plate, or to rebut the presumption that the owner of the vehicle committed the violation as provided for in Section 97-168, the owner must submit proof in the form of an affidavit, through testimony at the administrative adjudication hearing, or by a written declaration under penalty of perjury. If the motor vehicle was stolen or the license plate displayed on the motor vehicle was a stolen plate, then proof that the theft was timely reported to the appropriate law enforcement agency must also be submitted at the time of the administrative adjudication hearing. The affidavit or written declaration may be submitted by mail to the city or the entity with which the city contracts for purposes of this article.
(h) Notwithstanding anything in this article to the contrary, a person who fails to pay the amount of a civil penalty or to contest liability in a timely manner is entitled to an administrative adjudication hearing on the violation if:
(1) the person submits a written request for the hearing to the hearing officer, accompanied by an affidavit that attests to the date on which the person received the notice of violation; and
(2) the written request and affidavit are submitted to the hearing officer within 30 days after the person received the notice of violation.
(i) A person who is found liable after an administrative adjudication hearing may appeal that finding of civil liability to a judge of the municipal court by filing an appeal petition with the clerk of the municipal court accompanied by payment of fifty dollars ($50.00) and a notarized statement of personal financial obligation. The notice of appearance must be filed on or before the 31st day after the date on which the hearing officer entered the finding of liability for the civil penalty.
(1) The municipal court clerk shall schedule a hearing and notify the owner of the motor vehicle and the department of the date, time and location of the hearing.
(2) An appeal stays enforcement and collection of the civil penalty imposed against the owner of the motor vehicle until the matter is adjudicated by the municipal court.
(3) An appeal under this section shall be determined by the court by trial de novo. All evidence submitted at the administrative hearing shall be admitted at the trial, along with any additional relevant evidence.