Texas House Bill HB262

Texas 2019 - 86th Regular

Caption

Relating to the authority of the governing body of a local authority to operate an automated traffic control system; providing a civil penalty.

Impact

If enacted, this bill alters the regulatory framework surrounding automated traffic enforcement within Texas. By setting forth clear penalties for local governments operating outside their legal bounds, it aims to deter potential misuse of automated systems for revenue generation rather than public safety. The bill is positioned as a measure to ensure that any automated systems present on public roads comply strictly with state law and do not undermine the intent of traffic regulation.

Summary

House Bill 262 relates to the authority of local governing bodies to operate automated traffic control systems and outlines specific civil penalties for violations. The bill amends existing sections of the Transportation Code to reinforce the prohibition against local authorities implementing such systems for the enforcement of traffic laws. Instead, it stresses accountability for local authorities through stipulated penalties for unauthorized traffic control mechanisms, which could range from $1,000 to $10,500 depending on the nature and frequency of the violation.

Contention

Notably, the bill may face scrutiny from local governance advocates who argue that municipalities should retain the flexibility to implement automated systems as a means of managing traffic and ensuring public safety. Opponents of the bill may contend that the posed penalties are excessively harsh and could financially strain local governments, particularly smaller municipalities. Moreover, the requirement for the Attorney General's investigation before legal actions can escalate may introduce bureaucratic delays, complicating local enforcement efforts.