Texas 2011 - 82nd Regular

Texas House Bill HB2361 Compare Versions

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1	1	82R7382 ACP-F
2	2	By: Truitt H.B. No. 2361
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a municipality, a county, or the
8	8	Department of Public Safety to enforce compliance with posted speed
9	9	limits 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. LIMITATION ON MUNICIPALITIES AND COUNTIES.
14	14	(a) A municipality or county may not implement or operate an
15	15	automated traffic control system with respect to a highway or
16	16	street under its jurisdiction for the purpose of enforcing
17	17	compliance with posted speed limits. The attorney general shall
18	18	enforce this subsection.
19	19	(b) In this section, "automated traffic control system"
20	20	means a photographic device, radar device, laser device, or other
21	21	electrical or mechanical device designed to:
22	22	(1) record the speed of a motor vehicle; [and]
23	23	(2) obtain one or more photographs or other recorded
24	24	images of:
25	25	(A) the vehicle;
26	26	(B) the license plate attached to the vehicle; or
27	27	(C) the operator of the vehicle; and
28	28	(3) permit the issuance of a citation without the
29	29	personal and contemporaneous involvement of a peace officer.
30	30	(c) This section does not prohibit a municipality or county
31	31	from using a device that records the speed of a motor vehicle and
32	32	obtains photographs or other recorded images listed in Subsection
33	33	(b)(2), or from relying on evidence obtained from using the device
34	34	in the prosecution of a criminal offense, if:
35	35	(1) the device is used by a peace officer who
36	36	personally observes the violation and issues a citation to the
37	37	operator of the vehicle at the time of the violation or is unable to
38	38	issue the citation because of events beyond the control of the peace
39	39	officer; or
40	40	(2) the device is used by a peace officer working in a
41	41	team of peace officers engaged in a localized collective effort to
42	42	enforce compliance with posted speed limits, the peace officer
43	43	personally observes the violation, and another peace officer
44	44	working in the same team issues a citation to the operator of the
45	45	vehicle at the time of the violation or is unable to issue the
46	46	citation because of events beyond the control of the peace officer.
47	47	SECTION 2. Subchapter B, Chapter 542, Transportation Code,
48	48	is amended by adding Section 542.207 to read as follows:
49	49	Sec. 542.207. LIMITATION ON DEPARTMENT. (a) In this
50	50	section, "automated traffic control system" has the meaning
51	51	assigned by Section 542.2035(b).
52	52	(b) The department may not implement or operate an automated
53	53	traffic control system for the purpose of enforcing compliance with
54	54	posted speed limits. The attorney general shall enforce this
55	55	section.
56	56	(c) This section does not prohibit the department from using
57	57	a device that records the speed of a motor vehicle and obtains
58	58	photographs or other recorded images listed in Section
59	59	542.2035(b)(2), or from relying on evidence obtained from using the
60	60	device in the prosecution of a criminal offense, if:
61	61	(1) the device is used by a peace officer who
62	62	personally observes the violation and issues a citation to the
63	63	operator of the vehicle at the time of the violation or is unable to
64	64	issue the citation because of events beyond the control of the peace
65	65	officer; or
66	66	(2) the device is used by a peace officer working in a
67	67	team of peace officers engaged in a localized collective effort to
68	68	enforce compliance with posted speed limits, the peace officer
69	69	personally observes the violation, and another peace officer
70	70	working in the same team issues a citation to the operator of the
71	71	vehicle at the time of the violation or is unable to issue the
72	72	citation because of events beyond the control of the peace officer.
73	73	SECTION 3. This Act takes effect immediately if it receives
74	74	a vote of two-thirds of all the members elected to each house, as
75	75	provided by Section 39, Article III, Texas Constitution. If this
76	76	Act does not receive the vote necessary for immediate effect, this
77	77	Act takes effect September 1, 2011.