Bill Text: TX HB142 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the authority of the governing body of a local authority to impose a civil penalty for certain violations recorded by an automated traffic control system or a photographic traffic signal enforcement system.
Spectrum: Slight Partisan Bill (Republican 3-1)
Status: (Introduced - Dead) 2015-04-30 - Left pending in committee [HB142 Detail]
Download: Texas-2015-HB142-Introduced.html
84R401 AJZ-D | ||
By: Stickland | H.B. No. 142 |
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relating to the authority of the governing body of a local authority | ||
to impose a civil penalty for certain violations recorded by an | ||
automated traffic control system or a photographic traffic signal | ||
enforcement system. | ||
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 SYSTEMS | ||
PROHIBITED [ |
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control system with respect to a highway or street under its | ||
jurisdiction [ |
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(b) In this section, "automated traffic control system" | ||
means a system consisting of a photographic device, radar device, | ||
laser device, or other electrical or mechanical device that | ||
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(1) is capable of producing one or more recorded | ||
photographic or digital images depicting the license plate attached | ||
to the front or rear of a motor vehicle that is not operated in | ||
compliance with a posted speed limit or the instructions of a | ||
traffic-control signal; and | ||
(2) is used by the local authority to enforce | ||
compliance with a posted speed limit or the instructions of a | ||
traffic-control signal by imposition of a civil or administrative | ||
penalty against the owner or operator of the motor vehicle [ |
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SECTION 2. 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[ |
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SECTION 3. 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[ |
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SECTION 4. The following are repealed: | ||
(1) Section 29.003(g), Government Code; | ||
(2) Chapter 782, Health and Safety Code; | ||
(3) Sections 542.405 and 542.406, Transportation | ||
Code; | ||
(4) Section 544.012, Transportation Code; and | ||
(5) Chapter 707, Transportation Code. | ||
SECTION 5. (a) The repeal by this Act of Sections 542.405 | ||
and 542.406 and 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 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 6. 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. |