By: Carona S.B. No. 374
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a county or the Department of Public
Safety of the State of Texas to enforce compliance with posted speed
limits by an automated traffic control system.
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. LIMITATION ON MUNICIPALITIES AND COUNTIES.
(a) A municipality or county 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 photographic device, radar device, laser device, or other
electrical or mechanical device designed to:
(1) 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.
SECTION 2. Subchapter B, Chapter 542, Transportation Code,
is amended by adding Section 542.207 to read as follows:
Sec. 542.207. LIMITATION ON DEPARTMENT. (a) In this
section, "automated traffic control system" has the meaning
assigned by Section 542.2035.
(b) The department may not implement or operate an automated
traffic control system for the purpose of enforcing compliance with
posted speed limits. The attorney general shall enforce this
section.
SECTION 3. 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, 2009.