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 - Dead) 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 |
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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. [ |
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SECTION 2. Sections 707.001(3) and (4), Transportation | ||
Code, are amended to read as follows: | ||
(3) "Traffic surveillance [ |
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(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 [ |
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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[ |
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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 [ |
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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[ |
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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. |