Texas 2009 - 81st Regular

Texas House Bill HB2639 Compare Versions

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1	1	81R2956 ACP-D
2	2	By: Isett, et al. H.B. No. 2639
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the power of a local authority to enforce compliance
8	8	with speed limits or a traffic-control signal on a highway or street
9	9	under its jurisdiction by an automated traffic control system.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 542.2035, Transportation Code, is
12	12	amended to read as follows:
13	13	Sec. 542.2035. AUTOMATED TRAFFIC CONTROL SYSTEMS
14	14	PROHIBITED [LIMITATION ON MUNICIPALITIES]. (a) A local authority
15	15	[municipality] may not implement or operate an automated traffic
16	16	control system with respect to a highway or street under its
17	17	jurisdiction [for the purpose of enforcing compliance with posted
18	18	speed limits]. The attorney general shall enforce this subsection.
19	19	(b) In this section, "automated traffic control system"
20	20	means a system consisting of a photographic device, radar device,
21	21	laser device, or other electrical or mechanical device that
22	22	[designed to]:
23	23	(1) is capable of producing one or more recorded
24	24	photographic or digital images depicting the license plate attached
25	25	to the front or rear of a motor vehicle that is not operated in
26	26	compliance with a posted speed limit or the instructions of a
27	27	traffic-control signal; and
28	28	(2) is used by the local authority to enforce
29	29	compliance with a posted speed limit or the instructions of a
30	30	traffic-control signal by imposition of a civil or administrative
31	31	penalty against the owner or operator of the motor vehicle [record
32	32	the speed of a motor vehicle; and
33	33	[(2) obtain one or more photographs or other recorded
34	34	images of:
35	35	[(A) the vehicle;
36	36	[(B) the license plate attached to the vehicle;
37	37	or
38	38	[(C) the operator of the vehicle].
39	39	SECTION 2. Section 27.031(a), Government Code, is amended
40	40	to read as follows:
41	41	(a) In addition to the jurisdiction and powers provided by
42	42	the constitution and other law, the justice court has original
43	43	jurisdiction of:
44	44	(1) civil matters in which exclusive jurisdiction is
45	45	not in the district or county court and in which the amount in
46	46	controversy is not more than $10,000, exclusive of interest;
47	47	(2) cases of forcible entry and detainer; and
48	48	(3) foreclosure of mortgages and enforcement of liens
49	49	on personal property in cases in which the amount in controversy is
50	50	otherwise within the justice court's jurisdiction[; and
51	51	[(4) cases arising under Chapter 707, Transportation
52	52	Code, outside a municipality's territorial limits].
53	53	SECTION 3. Section 133.004, Local Government Code, as
54	54	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
55	55	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
56	56	is reenacted and amended to read as follows:
57	57	Sec. 133.004. CIVIL FEES. This chapter applies to the
58	58	following civil fees:
59	59	(1) the consolidated fee on filing in district court
60	60	imposed under Section 133.151;
61	61	(2) the filing fee in district court for basic civil
62	62	legal services for indigents imposed under Section 133.152;
63	63	(3) the filing fee in courts other than district court
64	64	for basic civil legal services for indigents imposed under Section
65	65	133.153;
66	66	(4) the filing fees for the judicial fund imposed in
67	67	certain statutory county courts under Section 51.702, Government
68	68	Code;
69	69	(5) the filing fees for the judicial fund imposed in
70	70	certain county courts under Section 51.703, Government Code;
71	71	(6) the filing fees for the judicial fund imposed in
72	72	statutory probate courts under Section 51.704, Government Code;
73	73	(7) fees collected under Section 118.015;
74	74	(8) marriage license fees for the family trust fund
75	75	collected under Section 118.018;
76	76	(9) marriage license or declaration of informal
77	77	marriage fees for the child abuse and neglect prevention trust fund
78	78	account collected under Section 118.022; and
79	79	(10) the filing fee for the judicial fund imposed in
80	80	district court, statutory county court, and county court under
81	81	Section 133.154[; and
82	82	[(11) the portion of the civil or administrative
83	83	penalty described by Section 542.406(c)(1), Transportation Code,
84	84	imposed by a local authority to enforce compliance with the
85	85	instructions of a traffic-control signal;
86	86	[(11) the portion of the civil or administrative
87	87	penalty described by Section 707.008(a)(1), Transportation Code,
88	88	imposed by a local authority to enforce compliance with the
89	89	instructions of a traffic-control signal].
90	90	SECTION 4. The following are repealed:
91	91	(1) Section 29.003(g), Government Code;
92	92	(2) Chapter 782, Health and Safety Code;
93	93	(3) Sections 542.405 and 542.406, Transportation
94	94	Code; and
95	95	(4) Chapter 707, Transportation Code.
96	96	SECTION 5. (a) The repeal by this Act of Chapter 707,
97	97	Transportation Code, does not affect the validity of a proceeding
98	98	initiated or a civil penalty imposed under that chapter before the
99	99	effective date of this Act. A proceeding initiated or a civil
100	100	penalty imposed under Chapter 707 of that code before the effective
101	101	date of this Act is governed by the applicable law in effect before
102	102	the effective date of this Act, and the former law is continued in
103	103	effect for that purpose.
104	104	(b) Notwithstanding the repeal by this Act of Chapter 707,
105	105	Transportation Code, if before June 1, 2009, a local authority had
106	106	enacted an ordinance under former Section 707.002 of that chapter
107	107	to implement a photographic traffic signal enforcement system and
108	108	entered into a contract for the administration and enforcement of
109	109	the system, the local authority may continue to operate the system
110	110	under that ordinance and under the terms of that contract until the
111	111	expiration date specified in the contract as the contract existed
112	112	on June 1, 2009.
113	113	SECTION 6. This Act takes effect September 1, 2009.