Bill Text: TX HB1631 | 2019-2020 | 86th Legislature | Enrolled


Bill Title: Relating to prohibiting the use of photographic traffic signal enforcement systems.

Spectrum: Moderate Partisan Bill (Republican 76-25)

Status: (Passed) 2019-06-02 - Effective immediately [HB1631 Detail]

Download: Texas-2019-HB1631-Enrolled.html
 
 
  H.B. No. 1631
 
 
 
 
AN ACT
 
 
  relating to prohibiting the use of photographic traffic signal
  enforcement systems.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 707, Transportation Code,
  is amended to read as follows:
  CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
  ENFORCEMENT SYSTEM PROHIBITED
         SECTION 2.  Chapter 707, Transportation Code, is amended by
  adding Sections 707.020 and 707.021 to read as follows:
         Sec. 707.020.  PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
  SYSTEM PROHIBITED. (a)  Notwithstanding any other law, a local
  authority may not implement or operate a photographic traffic
  signal enforcement system with respect to a highway or street under
  the jurisdiction of the authority.
         (b)  The attorney general shall enforce this section.
         Sec. 707.021.  USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
  SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
  law, a local authority 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 3.  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 4.  Section 780.003(b), Health and Safety Code, is
  amended to read as follows:
         (b)  The account is composed of money deposited to the credit
  of the account under the [Sections 542.406 and 707.008,]
  Transportation Code[,] and under Section 780.002 of this code.
         SECTION 5.  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 6.  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 707.001(2), 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 7.  (a) Notwithstanding any provision of this Act to
  the contrary, if before May 7, 2019, a local authority had enacted
  an ordinance to implement a photographic traffic signal enforcement
  system under Sections 542.405 and 542.406, Transportation Code, or
  Chapter 707, Transportation Code, and entered into a contract for
  the administration and enforcement of the system:
               (1)  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 May 7, 2019; and
               (2)  the photographic traffic signal enforcement
  system, and any proceeding initiated or civil or administrative
  penalty imposed after the effective date of this Act are governed by
  the applicable law in effect immediately before the effective date
  of this Act, and the former law is continued in effect for that
  purpose.
         (b)  Subsection (a) of this section does not apply to a
  contract for the administration and enforcement of a photographic
  traffic signal enforcement system entered into before May 7, 2019,
  that authorizes termination of the contract on the basis of adverse
  state legislation.
         (c)  Neither the Texas Department of Motor Vehicles nor a
  county assessor-collector may refuse to register a motor vehicle
  alleged to have been involved in a violation of former Chapter 707,
  Transportation Code, solely because the owner of the motor vehicle
  is delinquent in the payment of a civil penalty imposed under that
  chapter as permitted under Subsection (a) of this section.
         SECTION 8.  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, 2019.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1631 was passed by the House on May 8,
  2019, by the following vote:  Yeas 109, Nays 34, 3 present, not
  voting.
 
  ______________________________
  Chief Clerk of the House   
 
 
         I certify that H.B. No. 1631 was passed by the Senate on May
  17, 2019, by the following vote:  Yeas 23, Nays 8.
 
  ______________________________
  Secretary of the Senate    
  APPROVED:  _____________________
                     Date          
   
            _____________________
                   Governor       
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