By: Hall, et al.	S.B. No. 714

	A BILL TO BE ENTITLED
	AN ACT
	relating to the use of automated traffic control systems and
	photographic traffic signal enforcement systems.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 542.2035, Transportation Code, is
	amended to read as follows:
	Sec. 542.2035.  AUTOMATED TRAFFIC CONTROL SYSTEM PROHIBITED
	[LIMITATION ON MUNICIPALITIES].  (a)  A local authority
	[municipality] may not implement or operate an automated traffic
	control system with respect to a highway or street under its
	jurisdiction for a purpose other than a purpose described by
	Section 707.0015 or 707.0016 [the purpose of enforcing compliance
	with posted speed limits].  The attorney general shall enforce this
	subsection.
	(b)  In this section, "automated traffic control system"
	means a photographic traffic signal enforcement system, as defined
	by Section 707.001 [a photographic device, radar device, laser
	device, or other electrical or mechanical device designed to:
	[(1)  record the speed of a motor vehicle; and
	[(2)     obtain one or more photographs or other recorded
	images of:
	[(A)  the vehicle;
	[(B)     the license plate attached to the vehicle;
	or
	[(C)  the operator of the vehicle].
	(c)  For the purposes of this section, "local authority"
	includes a school district, a governmental agency that provides
	services to a school district, and an intermediate educational
	agency.
	SECTION 2.  The heading to Chapter 707, Transportation Code,
	is amended to read as follows:
	CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
	ENFORCEMENT SYSTEM PROHIBITED
	SECTION 3.  Sections 707.001(3) and (4), Transportation
	Code, are amended to read as follows:
	(3)  "Photographic traffic signal enforcement system"
	means a device or system that:
	(A)  consists of:
	(i)  a camera system and vehicle sensor that
	are:
	(a)  installed to exclusively work in
	conjunction with an electrically operated traffic-control signal;
	and
	(b)  [(B) is] capable of producing [at
	least two] recorded images that depict the operator of a motor
	vehicle or the license plate attached to the front or the rear of a
	motor vehicle that is not being operated in compliance with the
	instructions of the traffic-control signal; or
	(ii)  a radar unit or sensor linked to:
	(a)  a camera or other recording device
	that is capable of producing a photograph, microphotograph,
	videotape, or other recorded image of the operator of a motor
	vehicle or the license plate attached to the front or the rear of a
	motor vehicle; or
	(b)  a device that is capable of
	reading a license plate attached to the front or the rear of a motor
	vehicle or otherwise identifying a motor vehicle; or
	(B)  is capable of taking photographic,
	electronic, video, or digital images of vehicles that pass a bus.
	(4)  "Recorded image" means a photographic or digital
	image that depicts the front or the rear of a motor vehicle or the
	operator of a motor vehicle.
	SECTION 4.  Chapter 707, Transportation Code, is amended by
	adding Sections 707.0015 and 707.0016 to read as follows:
	Sec. 707.0015.  TOLL ENFORCEMENT EXCEPTED. This chapter
	does not apply to a photographic traffic signal enforcement system
	that is used for the purpose of collecting or enforcing tolls.
	Sec. 707.0016.  LAW ENFORCEMENT USE EXCEPTED.  This chapter
	does not apply to a photographic traffic signal enforcement system
	that is:
	(1)  used to monitor traffic offenses;
	(2)  handheld or mounted on a law enforcement vehicle;
	and
	(3)  actively operated and monitored on site by a law
	enforcement officer.
	SECTION 5.  Chapter 707, Transportation Code, is amended by
	adding Section 707.020 to read as follows:
	Sec. 707.020.  USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
	SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
	law, and except as provided by Sections 707.0015 and 707.0016, the
	state, a school district, a governmental agency that provides
	services to a school district, an intermediate educational agency,
	or another political subdivision of the state may not issue a civil
	or criminal charge or citation for an offense or violation based on
	a recorded image produced by a photographic traffic signal
	enforcement system.
	SECTION 6.  Section 27.031(a), Government Code, is amended
	to read as follows:
	(a)  In addition to the jurisdiction and powers provided by
	the constitution and other law, the justice court has original
	jurisdiction of:
	(1)  civil matters in which exclusive jurisdiction is
	not in the district or county court and in which the amount in
	controversy is not more than $10,000, exclusive of interest;
	(2)  cases of forcible entry and detainer; and
	(3)  foreclosure of mortgages and enforcement of liens
	on personal property in cases in which the amount in controversy is
	otherwise within the justice court's jurisdiction[; and
	[(4)     cases arising under Chapter 707, Transportation
	Code, outside a municipality's territorial limits].
	SECTION 7.  Section 133.004, Local Government Code, as
	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
	is reenacted and amended to read as follows:
	Sec. 133.004.  CIVIL FEES.  This chapter applies to the
	following civil fees:
	(1)  the consolidated fee on filing in district court
	imposed under Section 133.151;
	(2)  the filing fee in district court for basic civil
	legal services for indigents imposed under Section 133.152;
	(3)  the filing fee in courts other than district court
	for basic civil legal services for indigents imposed under Section
	133.153;
	(4)  the filing fees for the judicial fund imposed in
	certain statutory county courts under Section 51.702, Government
	Code;
	(5)  the filing fees for the judicial fund imposed in
	certain county courts under Section 51.703, Government Code;
	(6)  the filing fees for the judicial fund imposed in
	statutory probate courts under Section 51.704, Government Code;
	(7)  fees collected under Section 118.015;
	(8)  marriage license fees for the family trust fund
	collected under Section 118.018;
	(9)  marriage license or declaration of informal
	marriage fees for the child abuse and neglect prevention trust fund
	account collected under Section 118.022; and
	(10)  the filing fee for the judicial fund imposed in
	district court, statutory county court, and county court under
	Section 133.154[; and
	[(11)     the portion of the civil or administrative
	penalty described by Section 542.406(c)(1), Transportation Code,
	imposed by a local authority to enforce compliance with the
	instructions of a traffic-control signal;
	[(11)     the portion of the civil or administrative
	penalty described by Section 707.008(a)(1), Transportation Code,
	imposed by a local authority to enforce compliance with the
	instructions of a traffic-control signal].
	SECTION 8.  The following are repealed:
	(1)  Section 29.003(g), Government Code;
	(2)  Sections 542.405, 542.406, and 544.012,
	Transportation Code; and
	(3)  Sections 707.002, 707.0021, 707.003, 707.004,
	707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
	707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
	707.019, Transportation Code.
	SECTION 9.  (a)  The repeal by this Act of Sections 542.405
	and 542.406, Transportation Code, and provisions of Chapter 707,
	Transportation Code, does not affect the validity of a proceeding
	initiated or a civil penalty imposed under those provisions before
	the effective date of this Act. A proceeding initiated or a civil
	penalty imposed under those provisions before the effective date of
	this Act is governed by the applicable law in effect before the
	effective date of this Act, and the former law is continued in
	effect for that purpose.
	(b)  Notwithstanding the repeal by this Act of Sections
	542.405 and 542.406 and provisions of Chapter 707, Transportation
	Code, if before June 1, 2015, a local authority had enacted an
	ordinance under those provisions to implement a photographic
	traffic signal enforcement system and entered into a contract for
	the administration and enforcement of the system, the local
	authority may continue to operate the system under that ordinance
	and under the terms of that contract until the expiration date
	specified in the contract as the contract existed on June 1, 2015.
	SECTION 10.  This Act takes effect immediately if it
	receives a vote of two-thirds of all the members elected to each
	house, as provided by Section 39, Article III, Texas Constitution.
	If this Act does not receive the vote necessary for immediate
	effect, this Act takes effect September 1, 2015.