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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of the governing body of a local authority |
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to impose a civil penalty for certain violations recorded by an |
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automated traffic control system or a photographic traffic signal |
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enforcement system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 542.2035, Transportation Code, is |
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amended to read as follows: |
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Sec. 542.2035. AUTOMATED TRAFFIC CONTROL SYSTEMS |
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PROHIBITED [LIMITATION ON MUNICIPALITIES]. (a) A local authority |
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[municipality] may not implement or operate an automated traffic |
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control system with respect to a highway or street under its |
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jurisdiction [for the purpose of enforcing compliance with posted
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speed limits]. The attorney general shall enforce this subsection. |
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(b) In this section, "automated traffic control system" |
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means a system consisting of a photographic device, radar device, |
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laser device, or other electrical or mechanical device that |
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[designed to]: |
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(1) is capable of producing one or more recorded |
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photographic or digital images depicting the license plate attached |
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to the front or rear of a motor vehicle that is not operated in |
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compliance with a posted speed limit or the instructions of a |
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traffic-control signal; and |
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(2) is used by the local authority to enforce |
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compliance with a posted speed limit or the instructions of a |
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traffic-control signal by imposition of a civil or administrative |
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penalty against the owner or operator of the motor vehicle [record
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the speed of a motor vehicle; and
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[(2)
obtain one or more photographs or other recorded
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images of:
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[(A) the vehicle;
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[(B)
the license plate attached to the vehicle;
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or
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[(C) the operator of the vehicle]. |
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SECTION 2. Section 27.031(a), Government Code, is amended |
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to read as follows: |
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(a) In addition to the jurisdiction and powers provided by |
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the constitution and other law, the justice court has original |
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jurisdiction of: |
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(1) civil matters in which exclusive jurisdiction is |
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not in the district or county court and in which the amount in |
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controversy is not more than $10,000, exclusive of interest; |
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(2) cases of forcible entry and detainer; and |
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(3) foreclosure of mortgages and enforcement of liens |
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on personal property in cases in which the amount in controversy is |
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otherwise within the justice court's jurisdiction[; and
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[(4)
cases arising under Chapter 707, Transportation
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Code, outside a municipality's territorial limits]. |
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SECTION 3. Section 133.004, Local Government Code, as |
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amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149 |
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(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007, |
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is reenacted and amended to read as follows: |
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Sec. 133.004. CIVIL FEES. This chapter applies to the |
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following civil fees: |
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(1) the consolidated fee on filing in district court |
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imposed under Section 133.151; |
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(2) the filing fee in district court for basic civil |
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legal services for indigents imposed under Section 133.152; |
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(3) the filing fee in courts other than district court |
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for basic civil legal services for indigents imposed under Section |
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133.153; |
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(4) the filing fees for the judicial fund imposed in |
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certain statutory county courts under Section 51.702, Government |
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Code; |
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(5) the filing fees for the judicial fund imposed in |
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certain county courts under Section 51.703, Government Code; |
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(6) the filing fees for the judicial fund imposed in |
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statutory probate courts under Section 51.704, Government Code; |
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(7) fees collected under Section 118.015; |
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(8) marriage license fees for the family trust fund |
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collected under Section 118.018; |
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(9) marriage license or declaration of informal |
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marriage fees for the child abuse and neglect prevention trust fund |
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account collected under Section 118.022; and |
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(10) the filing fee for the judicial fund imposed in |
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district court, statutory county court, and county court under |
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Section 133.154[; and
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[(11)
the portion of the civil or administrative
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penalty described by Section 542.406(c)(1), Transportation Code,
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imposed by a local authority to enforce compliance with the
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instructions of a traffic-control signal;
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[(11)
the portion of the civil or administrative
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penalty described by Section 707.008(a)(1), Transportation Code,
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imposed by a local authority to enforce compliance with the
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instructions of a traffic-control signal]. |
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SECTION 4. The following are repealed: |
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(1) Section 29.003(g), Government Code; |
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(2) Chapter 782, Health and Safety Code; |
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(3) Sections 542.405 and 542.406, Transportation |
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Code; |
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(4) Section 544.012, Transportation Code; and |
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(5) Chapter 707, Transportation Code. |
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SECTION 5. (a) The repeal by this Act of Sections 542.405 |
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and 542.406 and Chapter 707, Transportation Code, does not affect |
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the validity of a proceeding initiated or a civil penalty imposed |
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under those provisions before the effective date of this Act. A |
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proceeding initiated or a civil penalty imposed under those |
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provisions before the effective date of this Act is governed by the |
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applicable law in effect before the effective date of this Act, and |
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the former law is continued in effect for that purpose. |
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(b) Notwithstanding the repeal by this Act of Sections |
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542.405 and 542.406 and Chapter 707, Transportation Code, if before |
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June 1, 2015, a local authority had enacted an ordinance under those |
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provisions to implement a photographic traffic signal enforcement |
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system and entered into a contract for the administration and |
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enforcement of the system, the local authority may continue to |
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operate the system under that ordinance and under the terms of that |
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contract until the expiration date specified in the contract as the |
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contract existed on June 1, 2015. |
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SECTION 6. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2015. |