Texas 2015 - 84th Regular

Texas House Bill HB142 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R401 AJZ-D
2	2	By: Stickland H.B. No. 142
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of the governing body of a local authority
8	8	to impose a civil penalty for certain violations recorded by an
9	9	automated traffic control system or a photographic traffic signal
10	10	enforcement system.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 542.2035, Transportation Code, is
13	13	amended to read as follows:
14	14	Sec. 542.2035. AUTOMATED TRAFFIC CONTROL SYSTEMS
15	15	PROHIBITED [LIMITATION ON MUNICIPALITIES]. (a) A local authority
16	16	[municipality] may not implement or operate an automated traffic
17	17	control system with respect to a highway or street under its
18	18	jurisdiction [for the purpose of enforcing compliance with posted
19	19	speed limits]. The attorney general shall enforce this subsection.
20	20	(b) In this section, "automated traffic control system"
21	21	means a system consisting of a photographic device, radar device,
22	22	laser device, or other electrical or mechanical device that
23	23	[designed to]:
24	24	(1) is capable of producing one or more recorded
25	25	photographic or digital images depicting the license plate attached
26	26	to the front or rear of a motor vehicle that is not operated in
27	27	compliance with a posted speed limit or the instructions of a
28	28	traffic-control signal; and
29	29	(2) is used by the local authority to enforce
30	30	compliance with a posted speed limit or the instructions of a
31	31	traffic-control signal by imposition of a civil or administrative
32	32	penalty against the owner or operator of the motor vehicle [record
33	33	the speed of a motor vehicle; and
34	34	[(2) obtain one or more photographs or other recorded
35	35	images of:
36	36	[(A) the vehicle;
37	37	[(B) the license plate attached to the vehicle;
38	38	or
39	39	[(C) the operator of the vehicle].
40	40	SECTION 2. Section 27.031(a), Government Code, is amended
41	41	to read as follows:
42	42	(a) In addition to the jurisdiction and powers provided by
43	43	the constitution and other law, the justice court has original
44	44	jurisdiction of:
45	45	(1) civil matters in which exclusive jurisdiction is
46	46	not in the district or county court and in which the amount in
47	47	controversy is not more than $10,000, exclusive of interest;
48	48	(2) cases of forcible entry and detainer; and
49	49	(3) foreclosure of mortgages and enforcement of liens
50	50	on personal property in cases in which the amount in controversy is
51	51	otherwise within the justice court's jurisdiction[; and
52	52	[(4) cases arising under Chapter 707, Transportation
53	53	Code, outside a municipality's territorial limits].
54	54	SECTION 3. Section 133.004, Local Government Code, as
55	55	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
56	56	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
57	57	is reenacted and amended to read as follows:
58	58	Sec. 133.004. CIVIL FEES. This chapter applies to the
59	59	following civil fees:
60	60	(1) the consolidated fee on filing in district court
61	61	imposed under Section 133.151;
62	62	(2) the filing fee in district court for basic civil
63	63	legal services for indigents imposed under Section 133.152;
64	64	(3) the filing fee in courts other than district court
65	65	for basic civil legal services for indigents imposed under Section
66	66	133.153;
67	67	(4) the filing fees for the judicial fund imposed in
68	68	certain statutory county courts under Section 51.702, Government
69	69	Code;
70	70	(5) the filing fees for the judicial fund imposed in
71	71	certain county courts under Section 51.703, Government Code;
72	72	(6) the filing fees for the judicial fund imposed in
73	73	statutory probate courts under Section 51.704, Government Code;
74	74	(7) fees collected under Section 118.015;
75	75	(8) marriage license fees for the family trust fund
76	76	collected under Section 118.018;
77	77	(9) marriage license or declaration of informal
78	78	marriage fees for the child abuse and neglect prevention trust fund
79	79	account collected under Section 118.022; and
80	80	(10) the filing fee for the judicial fund imposed in
81	81	district court, statutory county court, and county court under
82	82	Section 133.154[; and
83	83	[(11) the portion of the civil or administrative
84	84	penalty described by Section 542.406(c)(1), Transportation Code,
85	85	imposed by a local authority to enforce compliance with the
86	86	instructions of a traffic-control signal;
87	87	[(11) the portion of the civil or administrative
88	88	penalty described by Section 707.008(a)(1), Transportation Code,
89	89	imposed by a local authority to enforce compliance with the
90	90	instructions of a traffic-control signal].
91	91	SECTION 4. The following are repealed:
92	92	(1) Section 29.003(g), Government Code;
93	93	(2) Chapter 782, Health and Safety Code;
94	94	(3) Sections 542.405 and 542.406, Transportation
95	95	Code;
96	96	(4) Section 544.012, Transportation Code; and
97	97	(5) Chapter 707, Transportation Code.
98	98	SECTION 5. (a) The repeal by this Act of Sections 542.405
99	99	and 542.406 and Chapter 707, Transportation Code, does not affect
100	100	the validity of a proceeding initiated or a civil penalty imposed
101	101	under those provisions before the effective date of this Act. A
102	102	proceeding initiated or a civil penalty imposed under those
103	103	provisions before the effective date of this Act is governed by the
104	104	applicable law in effect before the effective date of this Act, and
105	105	the former law is continued in effect for that purpose.
106	106	(b) Notwithstanding the repeal by this Act of Sections
107	107	542.405 and 542.406 and Chapter 707, Transportation Code, if before
108	108	June 1, 2015, a local authority had enacted an ordinance under those
109	109	provisions to implement a photographic traffic signal enforcement
110	110	system and entered into a contract for the administration and
111	111	enforcement of the system, the local authority may continue to
112	112	operate the system under that ordinance and under the terms of that
113	113	contract until the expiration date specified in the contract as the
114	114	contract existed on June 1, 2015.
115	115	SECTION 6. This Act takes effect immediately if it receives
116	116	a vote of two-thirds of all the members elected to each house, as
117	117	provided by Section 39, Article III, Texas Constitution. If this
118	118	Act does not receive the vote necessary for immediate effect, this
119	119	Act takes effect September 1, 2015.