| 1 | 1 | | By: Carona S.B. No. 374 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the authority of a county or the Department of Public |
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| 7 | 7 | | Safety of the State of Texas to enforce compliance with posted speed |
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| 8 | 8 | | limits by an automated traffic control system. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 542.2035, Transportation Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | Sec. 542.2035. LIMITATION ON MUNICIPALITIES AND COUNTIES. |
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| 13 | 13 | | (a) A municipality or county may not implement or operate an |
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| 14 | 14 | | automated traffic control system with respect to a highway or |
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| 15 | 15 | | street under its jurisdiction for the purpose of enforcing |
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| 16 | 16 | | compliance with posted speed limits. The attorney general shall |
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| 17 | 17 | | enforce this subsection. |
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| 18 | 18 | | (b) In this section, "automated traffic control system" |
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| 19 | 19 | | means a photographic device, radar device, laser device, or other |
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| 20 | 20 | | electrical or mechanical device designed to: |
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| 21 | 21 | | (1) record the speed of a motor vehicle; and |
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| 22 | 22 | | (2) obtain one or more photographs or other recorded |
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| 23 | 23 | | images of: |
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| 24 | 24 | | (A) the vehicle; |
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| 25 | 25 | | (B) the license plate attached to the vehicle; or |
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| 26 | 26 | | (C) the operator of the vehicle. |
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| 27 | 27 | | SECTION 2. Subchapter B, Chapter 542, Transportation Code, |
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| 28 | 28 | | is amended by adding Section 542.207 to read as follows: |
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| 29 | 29 | | Sec. 542.207. LIMITATION ON DEPARTMENT. (a) In this |
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| 30 | 30 | | section, "automated traffic control system" has the meaning |
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| 31 | 31 | | assigned by Section 542.2035. |
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| 32 | 32 | | (b) The department may not implement or operate an automated |
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| 33 | 33 | | traffic control system for the purpose of enforcing compliance with |
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| 34 | 34 | | posted speed limits. The attorney general shall enforce this |
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| 35 | 35 | | section. |
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| 36 | 36 | | SECTION 3. This Act takes effect immediately if it receives |
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| 37 | 37 | | a vote of two-thirds of all the members elected to each house, as |
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| 38 | 38 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 39 | 39 | | Act does not receive the vote necessary for immediate effect, this |
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| 40 | 40 | | Act takes effect September 1, 2009. |
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