Bill Text: TX SB111 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to prohibiting the use of photographic traffic enforcement systems.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2017-01-25 - Referred to Transportation [SB111 Detail]
Download: Texas-2017-SB111-Introduced.html
85R115 AJZ-F | ||
By: Huffines | S.B. No. 111 |
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relating to prohibiting the use of photographic traffic 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 [ |
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ENFORCEMENT SYSTEM PROHIBITED | ||
SECTION 2. Sections 707.001(3) and (4), Transportation | ||
Code, are amended to read as follows: | ||
(3) "Photographic traffic [ |
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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) [ |
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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 capable 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 capable of | ||
reading a license plate attached to the front or the rear of a motor | ||
vehicle or otherwise identifying a motor vehicle; | ||
(B) is capable of taking photographic, | ||
electronic, video, or digital images of vehicles that pass a bus; or | ||
(C) records the speed of a motor vehicle and | ||
obtains one or more photographs or other recorded images of: | ||
(i) the vehicle; | ||
(ii) the license plate attached to the | ||
vehicle; or | ||
(iii) the operator of the vehicle. | ||
(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 Section 707.0015 to read as follows: | ||
Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter | ||
does not apply to a photographic traffic enforcement system that is | ||
used for the purpose of collecting or enforcing tolls. | ||
SECTION 4. Chapter 707, Transportation Code, is amended by | ||
adding Section 707.020 to read as follows: | ||
Sec. 707.020. USE OF PHOTOGRAPHIC TRAFFIC ENFORCEMENT | ||
SYSTEM PROHIBITED. Notwithstanding any other law, the state or a | ||
political subdivision of the state, including a school district, a | ||
governmental agency that provides services to a school district, or | ||
an intermediate educational agency, 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 enforcement | ||
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 the [ |
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Transportation Code[ |
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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 are repealed: | ||
(1) Section 29.003(g), Government Code; | ||
(2) Sections 542.202(b)(3), 542.2035, 542.405, | ||
542.406, and 544.012, Transportation Code; and | ||
(3) Sections 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. 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. | ||
SECTION 10. If any provision of this Act or its application | ||
to any person or circumstance is held invalid, the invalidity does | ||
not affect other provisions or applications of this Act that can be | ||
given effect without the invalid provision or application, and the | ||
provisions of this Act are severable for this purpose. | ||
SECTION 11. 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, 2017. |