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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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 [LIMITATION ON MUNICIPALITIES]. (a) A local authority
  [municipality] may not implement or operate an automated traffic
  control system with respect to a highway or street under its
  jurisdiction [for the purpose of enforcing compliance with posted
  speed limits]. The attorney general shall enforce this subsection.
         (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
  [designed to]:
               (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 [record
  the speed of a motor vehicle; and
               [(2)     obtain one or more photographs or other recorded
  images of:
                     [(A)  the vehicle;
                     [(B)     the license plate attached to the vehicle;
  or
                     [(C)  the operator of the vehicle].
         (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[; and
               [(4)     cases arising under Chapter 707, Transportation
  Code, outside a municipality's territorial limits].
         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 [Sections 542.406 and
  707.008], Transportation Code, and under Section 780.002 of this
  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
  [certain] 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 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.
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