Bill Text: TX HB2262 | 2019-2020 | 86th Legislature | Introduced


Bill Title: Relating to the use of traffic surveillance systems.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2019-03-26 - Left pending in committee [HB2262 Detail]

Download: Texas-2019-HB2262-Introduced.html
  86R5897 AJZ-D
 
  By: Thompson of Brazoria H.B. No. 2262
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the use of traffic surveillance 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 SURVEILLANCE [SIGNAL
  ENFORCEMENT] SYSTEM PROHIBITED
         SECTION 2.  Sections 707.001(3) and (4), Transportation
  Code, are amended to read as follows:
               (3)  "Traffic surveillance [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)  used for the purpose [(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 used for the purpose 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 used for the
  purpose 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 used for the purpose 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 3.  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 traffic surveillance 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 traffic surveillance 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 4.  Chapter 707, Transportation Code, is amended by
  adding Sections 707.020 and 707.021 to read as follows:
         Sec. 707.020.  TRAFFIC SURVEILLANCE SYSTEM PROHIBITED. (a)  
  Notwithstanding any other law, and except as provided by Sections
  707.0015 and 707.0016, a county, a municipality, a school district,
  a governmental agency that provides services to a school district,
  an intermediate educational agency, or another local entity
  authorized to enact traffic laws under the laws of this state may
  not implement or operate a traffic surveillance system with respect
  to a highway or street under the jurisdiction of the entity.
         (b)  The attorney general shall enforce this section.
         Sec. 707.021.  USE OF EVIDENCE FROM TRAFFIC SURVEILLANCE
  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 traffic surveillance system.
         SECTION 5.  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 6.  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 [Sections 542.406 and 707.008, Transportation
  Code, and under] Section 780.002 [of this code].
         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 laws are repealed:
               (1)  Section 29.003(g), Government Code;
               (2)  Sections 542.2035, 542.405, 542.406, and 544.012,
  Transportation Code; and
               (3)  Sections 707.001(1) and (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 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, Transportation Code, and provisions of Chapter
  707, Transportation Code, if before June 1, 2019, 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:
               (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 June 1, 2019; and
               (2)  beginning June 1, 2019, the local authority shall
  send all revenue derived from civil or administrative penalties
  collected by the local authority under that ordinance to the
  comptroller for deposit to the credit of the designated trauma
  facility and emergency medical services account established under
  Section 780.003, Health and Safety Code.
         (c)  Subsection (b) of this section does not apply to a
  contract for the administration and enforcement of a photographic
  traffic signal enforcement system entered into before June 1, 2019,
  that explicitly authorizes termination of the contract on the basis
  of adverse state legislation.
         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, 2019.
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