Texas 2015 - 84th Regular

Texas House Bill HB2781 Compare Versions

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

Old	New	Differences
1	1	84R8103 AJZ-F
2	2	By: Elkins H.B. No. 2781
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of traffic laws by local authorities.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. The heading to Chapter 707, Transportation Code,
10	10	is amended to read as follows:
11	11	CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
12	12	ENFORCEMENT SYSTEM PROHIBITED
13	13	SECTION 2. Sections 707.001(3) and (4), Transportation
14	14	Code, are amended to read as follows:
15	15	(3) "Photographic traffic signal enforcement system"
16	16	means a device or system that[:
17	17	[(A)] consists of:
18	18	(A) a camera system and vehicle sensor that are:
19	19	(i) installed to exclusively work in
20	20	conjunction with an electrically operated traffic-control signal;
21	21	and
22	22	(ii) [(B) is] capable of producing [at
23	23	least two] recorded images that depict the operator of a motor
24	24	vehicle, or the license plate attached to the front or the rear of
25	25	the [a] motor vehicle, that is not operated in compliance with the
26	26	instructions of the traffic-control signal; or
27	27	(B) a radar unit or sensor linked to:
28	28	(i) a camera or other recording device that
29	29	is capable of producing a photograph, microphotograph, videotape,
30	30	or other recorded image of the operator or license plate of a motor
31	31	vehicle; or
32	32	(ii) a device that is capable of reading a
33	33	license plate attached to a motor vehicle or otherwise identifying
34	34	a motor vehicle.
35	35	(4) "Recorded image" means a photographic or digital
36	36	image that depicts the front or the rear of a motor vehicle or the
37	37	operator of a motor vehicle.
38	38	SECTION 3. Chapter 707, Transportation Code, is amended by
39	39	adding Sections 707.020 and 707.021 to read as follows:
40	40	Sec. 707.020. USE OF PHOTOGRAPHIC TRAFFIC SIGNAL
41	41	ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other law, the
42	42	state or a political subdivision of the state may not issue a civil
43	43	or criminal charge or citation for an offense or violation based on
44	44	a recorded image produced by a photographic traffic signal
45	45	enforcement system.
46	46	Sec. 707.021. COSTS OF CHARGE OR CITATION. If the state or
47	47	any political subdivision of the state violates Section 707.020,
48	48	the entity that commits the violation is responsible for all costs
49	49	incurred by the owner or operator of a motor vehicle who was charged
50	50	or received the citation, including reasonable attorney's fees.
51	51	SECTION 4. Section 27.031(a), Government Code, is amended
52	52	to read as follows:
53	53	(a) In addition to the jurisdiction and powers provided by
54	54	the constitution and other law, the justice court has original
55	55	jurisdiction of:
56	56	(1) civil matters in which exclusive jurisdiction is
57	57	not in the district or county court and in which the amount in
58	58	controversy is not more than $10,000, exclusive of interest;
59	59	(2) cases of forcible entry and detainer; and
60	60	(3) foreclosure of mortgages and enforcement of liens
61	61	on personal property in cases in which the amount in controversy is
62	62	otherwise within the justice court's jurisdiction[; and
63	63	[(4) cases arising under Chapter 707, Transportation
64	64	Code, outside a municipality's territorial limits].
65	65	SECTION 5. Section 133.004, Local Government Code, as
66	66	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
67	67	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
68	68	is reenacted and amended to read as follows:
69	69	Sec. 133.004. CIVIL FEES. This chapter applies to the
70	70	following civil fees:
71	71	(1) the consolidated fee on filing in district court
72	72	imposed under Section 133.151;
73	73	(2) the filing fee in district court for basic civil
74	74	legal services for indigents imposed under Section 133.152;
75	75	(3) the filing fee in courts other than district court
76	76	for basic civil legal services for indigents imposed under Section
77	77	133.153;
78	78	(4) the filing fees for the judicial fund imposed in
79	79	certain statutory county courts under Section 51.702, Government
80	80	Code;
81	81	(5) the filing fees for the judicial fund imposed in
82	82	certain county courts under Section 51.703, Government Code;
83	83	(6) the filing fees for the judicial fund imposed in
84	84	statutory probate courts under Section 51.704, Government Code;
85	85	(7) fees collected under Section 118.015;
86	86	(8) marriage license fees for the family trust fund
87	87	collected under Section 118.018;
88	88	(9) marriage license or declaration of informal
89	89	marriage fees for the child abuse and neglect prevention trust fund
90	90	account collected under Section 118.022; and
91	91	(10) the filing fee for the judicial fund imposed in
92	92	district court, statutory county court, and county court under
93	93	Section 133.154[; and
94	94	[(11) the portion of the civil or administrative
95	95	penalty described by Section 542.406(c)(1), Transportation Code,
96	96	imposed by a local authority to enforce compliance with the
97	97	instructions of a traffic-control signal;
98	98	[(11) the portion of the civil or administrative
99	99	penalty described by Section 707.008(a)(1), Transportation Code,
100	100	imposed by a local authority to enforce compliance with the
101	101	instructions of a traffic-control signal].
102	102	SECTION 6. The following are repealed:
103	103	(1) Section 29.003(g), Government Code;
104	104	(2) Chapter 782, Health and Safety Code;
105	105	(3) Sections 542.202(b)(3), 542.405, 542.406, and
106	106	544.012, Transportation Code; and
107	107	(4) Sections 707.002, 707.0021, 707.003, 707.004,
108	108	707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
109	109	707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
110	110	707.019, Transportation Code.
111	111	SECTION 7. (a) The repeal by this Act of Sections 542.405
112	112	and 542.406, Transportation Code, and provisions of Chapter 707,
113	113	Transportation Code, does not affect the validity of a proceeding
114	114	initiated or a civil penalty imposed under those provisions before
115	115	the effective date of this Act. A proceeding initiated or a civil
116	116	penalty imposed under those provisions before the effective date of
117	117	this Act is governed by the applicable law in effect before the
118	118	effective date of this Act, and the former law is continued in
119	119	effect for that purpose.
120	120	(b) Notwithstanding the repeal by this Act of Sections
121	121	542.405 and 542.406, Transportation Code, and provisions of Chapter
122	122	707, Transportation Code, if before June 1, 2015, a local authority
123	123	had enacted an ordinance under those provisions to implement a
124	124	photographic traffic signal enforcement system and entered into a
125	125	contract for the administration and enforcement of the system, the
126	126	local authority may continue to operate the system under that
127	127	ordinance and under the terms of that contract until the expiration
128	128	date specified in the contract as the contract existed on June 1,
129	129	2015.
130	130	SECTION 8. This Act takes effect immediately if it receives
131	131	a vote of two-thirds of all the members elected to each house, as
132	132	provided by Section 39, Article III, Texas Constitution. If this
133	133	Act does not receive the vote necessary for immediate effect, this
134	134	Act takes effect September 1, 2015.