It can feel like cameras are everywhere on the roads these days, but how many cameras does Texas have? While you may encounter cameras, state law has prohibited photographic traffic signal enforcement systems since 2019.
The ban remains in place today, meaning the cameras you see are likely non-operational. However, even if they remain operational, they cannot issue fines because they’re no longer legal. Moreover, local governments are also prohibited from issuing citations themselves. In short, the traffic enforcement infrastructure you see in other states essentially doesn’t exist here.
If you've been involved in an accident related to a traffic signal dispute, consulting a car accident attorney in Austin can help you understand your legal options.
So, what does that mean if you receive a ticket in the mail? In this guide, we provide legal advice on what to do if you receive a red light camera ticket and whether you have to pay it.
Key Takeaways
Red light cameras are a type of automated traffic enforcement system relying on sensors to detect and automatically issue tickets to vehicles that run red lights.
Cities and municipalities are no longer permitted to use red light cameras due to a state law passed in 2019 by the Texas legislature.
Some drivers may have continued to receive automated tickets after the 2019 ban because many cities continued to leave their cameras operating due to the risk of financial penalties from ending their government contracts with vendors before their expiration date.
Any notice of a ticket received after the 2019 ban is non-enforceable. Even if you receive a letter stating that you have been fined, there’s no means to enforce these tickets at a civil or criminal level.
Traffic officers may continue to issue citations to drivers who violate Texas’ red light laws in the future, but they cannot rely solely on evidence taken from these cameras.
If you believe you’ve been wrongly issued a red light ticket, speak to an attorney to defend your legal rights and contest your ticket.
What is a Red Light Camera?
Red light cameras are automated cameras that automatically trigger when a vehicle runs a red light. They’re typically found at junctions, traffic lights, and other high-traffic locations. These devices rely on a series of sensors or ground loops to detect when a vehicle passes after a light turns red.
Once a photo of the offending vehicle has been snapped, a citation is issued and sent to the driver’s address using the contact details they have on file. The driver must then pay the citation like any other traffic ticket.
Although these devices sound like an effective way of enforcing traffic laws in theory, the result isn’t what many expect. Case Western Reserve University found that red light cameras don’t actually reduce the number of accidents or injuries when used at busy intersections.
Red Light Cameras in Texas – Are They Legal?
Red light cameras were outlawed in Texas in 2019. Drivers may still encounter them because state law reveals that Texas cannot terminate a government contract prematurely due to legislation changes.
That means cities that chose to install them are forced to see out these contracts, even though the cameras themselves are illegal and evidence from them cannot be used to issue fines to drivers. Despite this, some drivers have continued to receive red light tickets.
Unfortunately, it also meant that drivers who were unaware of the ban have even paid for these tickets, assuming that they carry the same weight as being issued a ticket by a police officer at the roadside.
Why Did Texas Ban Red Light Cameras?
Texas passed legislation to ban red light cameras in 2019. According to Click2Houston, there are several reasons behind the actions of lawmakers. The first is that many believe these programs are unconstitutional. Other reasons include concerns over government overreach, cities using it as a revenue generation tool, and the fact that they don’t actually make the roads safer.
Let’s investigate these reasons:
Unconstitutional – Questions over the constitutionality of red light cameras have plagued these programs for years. Many argue that they violate a driver’s right to due process by not allowing drivers to confront the body that’s accusing them of a crime.
Government Overreach – Some believe that red light cameras are an example of government overreach and a symbol of dystopian rule. They argue it’s an example of governments taking their authority too far.
Revenue Generation – Other critics claim that the only reason cities introduced these programs was to generate more revenue to support their budgets as the state’s population expands.
Safety – Finally, it’s unclear whether red light cameras make the roads safer. Some studies have demonstrated a reduction in accidents, whereas others demonstrate the contrary. The main argument is that drivers are likelier to slam on the brakes when they see the light turning red to avoid a ticket, thus increasing the rate of rear-end crashes.
Regardless of who’s right, lawmakers in the state legislature agreed with critics of the program and passed legislation that outlawed red light cameras and all photographic means of traffic enforcement.
Remember, speed cameras are also illegal in Texas, so there is precedent for this type of legislation.
Understanding Traffic Camera Tickets in Texas
Traffic camera tickets were a catch-all term for a ticket you were sent because you committed a traffic violation. Running a red light and speeding through an intersection are two examples of tickets you might have received in the mail.
The idea behind relying on traffic cameras is freeing up law enforcement because they no longer require traffic officers to attend the scene for relatively minor offenses. When these were legal, you would be sent a ticket in the mail and would have to pay it or face further consequences.
Examples of some of the consequences that these programs have resulted in around the country include:
Interest on the original ticket
Unable to register your vehicle (known as a scofflaw block)
Court proceedings
All tickets issued by cameras are considered to be civil matters, meaning you can’t go to jail for getting one of these tickets. Moreover, they don’t count on your driving record, so you can’t lose your license, and your insurance premiums can’t be increased.
Since the 2019 ban, none of this applies, and any tickets still being issued aren’t considered legal or enforceable.
Legal Challenges and Lawsuits Against Red Light Cameras
Immediate uproar against Texas’ red light camera program resulted in a slew of lawsuits. These lawsuits sometimes led to individual cities voluntarily outlawing red light cameras within their jurisdictions.
Here’s a rundown of some of the most consequential lawsuits involving red light cameras up to the final 2019 ban.
The City of Houston v. American Traffic Solutions – 2012
Individual voters in Houston were asked whether the city’s red light camera program should be kept in place. Although the charter passed, the city continued to face legal action from its vendor.
American Traffic Solutions filed a lawsuit against the city in 2012 for compensation due to the premature ending of the program. Even though the lawsuit had no impact on the city’s decision to end the ban, it did influence other cities because the city was forced to settle with American Traffic Solutions.
The outcome of this lawsuit is why red light cameras continue to be seen in select cities years after the original ban.
Denton Lawsuit – 2016
Four years later, a lawsuit was filed on behalf of four individuals in Denton. The lawsuit focused on whether the use of red light cameras was constitutional. Attorney Chris Raesz argued on behalf of the plaintiffs that the program had violated their rights to due process.
The plaintiffs won the case, and their tickets were dismissed. However, the results of this lawsuit also created cracks in red light camera programs, which have reverberated to other states.
Garcia v. City of Willis – 2019
In the year the ban on red light cameras took place, Luis Garcia filed a lawsuit against the City of Willis on the grounds that his right to due process, preserved under the constitution, was violated.
The case became a landmark in Texas legal history, with the Texas Supreme Court finally ruling on the case. Unfortunately, the issue of constitutionality was sidestepped because Garcia had already paid the ticket and didn’t exhaust all administrative remedies before taking his case to court.
The ruling confirmed that Garcia couldn’t claim that the payment was made under duress, meaning his ticket wasn’t dismissed and he lost his case.
VERIFY: If You Get a Red Light Camera Ticket in Texas, You Do Not Have to Pay It
Red light tickets are no longer considered legitimate because municipalities are prohibited from acting on them. That includes taking civil or even criminal action against you. Some cities may still have red light tickets because the hardware wasn’t removed or their existing contracts are still active.
The truth is that even in June 2021, just four cities in the Lone Star State still had active red light cameras. These were Leon Valley, Amarillo, Humble, and Balcones Heights. None of these cities had any special exceptions to the law, but switching them off would have mandated that they pay a financial penalty for the premature ending of a government contract.
If you receive a red-light ticket, you shouldn’t pay it. The local authority has no legal jurisdiction to take action against you. In fact, these tickets are only issued after the ban because many of these systems are automated, meaning you’ll still be automatically issued tickets.
On a side note, just because red light cameras are no longer a legitimate tool for cities to use, that doesn’t mean traffic laws become enforceable. If an officer sees you running a red light, you can still be pulled over and issued a citation.
However, that same officer cannot rely on footage taken from these cameras as evidence that you ran a red light. If this occurs, you’re entitled to contest the ticket, and it will almost certainly be overturned.
How to Handle a Red Light Camera Ticket
The best course of action is to ignore any red light camera tickets received in the mail. These are issued by private companies that have no jurisdiction. Remember, red light camera programs were initiated by cities but manned by private companies, such as red light camera vendors.
You’ll receive a ticket in the mail telling you how much you have to pay and evidence of you running the red light. Typically, this will be a grainy picture showing your vehicle. Some drivers see this evidence and pay the ticket to avoid any trouble, but this is the wrong way to go about it.
Instead, ignore the ticket and don’t bother getting in touch with the issuer. At some stage, you may receive a second ticket with an additional late fee attached. Again, the right move is to ignore it.
Since the ban, none of these tickets are legally enforceable at a civil or criminal level. These private companies cannot send your “debt” to collections, block your car registration, or prevent your license from being renewed.
Essentially, it’s no different than your neighbor writing you a parking ticket because of how you parked on the street.
Contact a Traffic Ticket Defense Attorney
Some drivers may deal with overly aggressive companies that continue sending them tickets. Eventually, this can be considered harassment, meaning you may decide to take legal action to get them to stop since they’re acting in contravention of Texas law.
In this case, you should consider hiring an experienced attorney to file a lawsuit and deal with the company. Likewise, if you received an ordinary ticket not involving a red light camera, you may also want to hire an attorney to build your case and fight your corner.
If you’re looking for a traffic ticket defense attorney with a strong track record of success, look no further than DJC Law. Our Austin-based car accident law firm has collected over $400 million in settlement monies with a case win rate of 99%.
Red Light Cameras and Traffic Safety
The ban on red light cameras continues to this day, but it raises questions about whether red light cameras improve traffic safety. Drivers running red lights remain a significant cause of roadside fatalities, with the IIHS reporting that 1,149 people were killed in 2022 because of red light running.
Unfortunately, studies conducted into the effectiveness of red light cameras on improving traffic safety are mixed. Some bodies, like the Dallas Morning News, reported the program was successful in Dallas, but other cities reported differently.
Red Light Cameras May Improve Safety
A Federal Highway Administration (FHWA) study conducted in 2005 found that an analysis of red light cameras showed a reduction in the number of right-angle collisions between vehicles.
Despite these findings, the FHWA cautioned that there was a potential increase in the number of rear-end crashes due to drivers slamming on the brakes without warning to avoid triggering the cameras.
A later study by the Insurance Institute for Highway Safety (IIHS) conducted in 2016 analyzed existing red light camera programs in 79 of the largest American cities. Texas hadn’t yet outlawed these programs at this time, meaning the study included locations like Houston.
In their analysis, they estimated that through 2014, as many as 1,300 lives had been saved by these programs. Furthermore, the study found that when these programs were closed down, there was a 30% increase in the number of fatal accidents involving drivers running red lights.
Red Light Cameras May Not Improve Safety
Alongside the Case Western Reserve University study mentioned earlier, other studies have also questioned the findings behind the idea that red light cameras improve safety. One such example is Scientific American.
In an article published in Scientific American, the piece took aim at many studies published before 2014, citing that the methods used were fundamentally flawed. The piece also targeted claims that although the number of violations decreased, the total number of motor vehicle accidents didn’t.
Red Light Cameras FAQs
Are red light cameras legal in the U.S.?
Yes, no federal law exists prohibiting the use of red light cameras. According to the National Conference of State Legislatures (NCSL), almost 350 communities use red light cameras. Just eight states have actively prohibited them, including Texas.
How strict are red light cameras?
Red light cameras are only activated once the lights turn red. However, they may only detect drivers that cross their sensors after this point. Drivers who have already passed a yellow light and are in the middle of an intersection usually won’t be penalized.
Why doesn’t Texas have red light cameras?
Red light cameras were initially introduced in Texas in 2003. In 2019, Governor Greg Abbott signed a law that banned these cameras anywhere in the state. Lawmakers sided with activists over concerns that the cameras were unconstitutional and didn’t positively impact road safety. Since the ban, the Texas Transportation Code has been updated to reflect the law.
