82R7382 ACP-F
By: Truitt H.B. No. 2361
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a municipality, a county, or the
Department of Public Safety 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; and
(3) permit the issuance of a citation without the
personal and contemporaneous involvement of a peace officer.
(c) This section does not prohibit a municipality or county
from using a device that records the speed of a motor vehicle and
obtains photographs or other recorded images listed in Subsection
(b)(2), or from relying on evidence obtained from using the device
in the prosecution of a criminal offense, if:
(1) the device is used by a peace officer who
personally observes the violation and issues a citation to the
operator of the vehicle at the time of the violation or is unable to
issue the citation because of events beyond the control of the peace
officer; or
(2) the device is used by a peace officer working in a
team of peace officers engaged in a localized collective effort to
enforce compliance with posted speed limits, the peace officer
personally observes the violation, and another peace officer
working in the same team issues a citation to the operator of the
vehicle at the time of the violation or is unable to issue the
citation because of events beyond the control of the peace officer.
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).
(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.
(c) This section does not prohibit the department from using
a device that records the speed of a motor vehicle and obtains
photographs or other recorded images listed in Section
542.2035(b)(2), or from relying on evidence obtained from using the
device in the prosecution of a criminal offense, if:
(1) the device is used by a peace officer who
personally observes the violation and issues a citation to the
operator of the vehicle at the time of the violation or is unable to
issue the citation because of events beyond the control of the peace
officer; or
(2) the device is used by a peace officer working in a
team of peace officers engaged in a localized collective effort to
enforce compliance with posted speed limits, the peace officer
personally observes the violation, and another peace officer
working in the same team issues a citation to the operator of the
vehicle at the time of the violation or is unable to issue the
citation because of events beyond the control of the peace officer.
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, 2011.