Bill Text: TX HB262 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the authority of the governing body of a local authority to operate an automated traffic control system; providing a civil penalty.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-02-19 - Referred to Transportation [HB262 Detail]
Download: Texas-2019-HB262-Introduced.html
86R1650 AJZ-F | ||
By: Thompson of Brazoria | H.B. No. 262 |
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relating to the authority of the governing body of a local authority | ||
to operate an automated traffic control system; providing a civil | ||
penalty. | ||
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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(c) A local authority that violates Subsection (a) is liable | ||
for a civil penalty of: | ||
(1) not less than $1,000 and not more than $1,500 for | ||
the first violation; and | ||
(2) not less than $10,000 and not more than $10,500 for | ||
the second or a subsequent violation. | ||
(d) Each day of a continuing violation of Subsection (a) | ||
constitutes a separate violation. | ||
(e) A citizen of this state may file a complaint with the | ||
attorney general that a local authority is in violation of | ||
Subsection (a). A complaint filed under this subsection must | ||
include: | ||
(1) evidence of the violation; | ||
(2) evidence that the citizen provided the local | ||
authority written notice that described the violation, including | ||
the specific location of the automated traffic control system; | ||
(3) a copy of the written notice the citizen provided | ||
the local authority; and | ||
(4) evidence that the local authority did not cure the | ||
violation before the fourth business day after the date the local | ||
authority received the notice. | ||
(f) A civil penalty collected by the attorney general under | ||
this section shall be deposited to the credit of the designated | ||
trauma facility and emergency medical services account under | ||
Section 780.003, Health and Safety Code. | ||
(g) Before a suit may be brought against a local authority | ||
for a violation of Subsection (a), the attorney general must | ||
investigate the complaint to determine whether legal action is | ||
warranted. If legal action is warranted, the attorney general must | ||
give the chief administrative officer of the local authority | ||
charged with the violation a written notice that: | ||
(1) describes the violation and specific location of | ||
the automated traffic control system found to be in violation; | ||
(2) states the amount of the proposed penalty for the | ||
violation; and | ||
(3) gives the local authority 15 days from receipt of | ||
the notice to remove the automated traffic control system and cure | ||
the violation to avoid the penalty, unless the local authority was | ||
found liable by a court for previously violating Subsection (a). | ||
(h) If the attorney general determines that legal action is | ||
warranted and that the local authority has not cured the violation | ||
within the 15-day period provided by Subsection (g)(3), the | ||
attorney general or the appropriate county or district attorney may | ||
sue to collect the civil penalty provided by Subsection (c). The | ||
attorney general may also file a petition for a writ of mandamus or | ||
apply for other appropriate equitable relief. A suit or petition | ||
under this subsection may be filed in a district court in Travis | ||
County or in a county in which the principal office of the local | ||
authority is located. The attorney general may recover reasonable | ||
expenses incurred in obtaining relief under this subsection, | ||
including court costs, reasonable attorney's fees, investigative | ||
costs, witness fees, and deposition costs. | ||
(i) Sovereign immunity to suit is waived and abolished to | ||
the extent of liability created by this section. | ||
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 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 Section 542.2035 [ |
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code. | ||
SECTION 4. 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 | ||
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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 5. The following laws are repealed: | ||
(1) Section 29.003(g), Government Code; | ||
(2) Sections 542.405, 542.406, and 544.012, | ||
Transportation Code; and | ||
(3) Chapter 707, Transportation Code. | ||
SECTION 6. (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 | ||
the effective date of this Act a local authority enacted an | ||
ordinance under those provisions to implement an automated traffic | ||
control 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 the effective date of this Act. | ||
(c) Subsection (b) of this section does not apply to a | ||
contract for the administration and enforcement of an automated | ||
traffic control system entered into before the effective date of | ||
this Act that explicitly authorizes termination of the contract on | ||
the basis of adverse state legislation. | ||
SECTION 7. 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. |