Texas 2015 - 84th Regular

Texas Senate Bill SB714 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		By: Hall, et al. S.B. No. 714
2		-	(In the Senate - Filed February 24, 2015; March 2, 2015,
3		-	read first time and referred to Committee on Transportation;
4		-	April 14, 2015, reported adversely, with favorable Committee
5		-	Substitute by the following vote: Yeas 7, Nays 2; April 14, 2015,
6		-	sent to printer.)
7		-	Click here to see the committee vote
8		-	COMMITTEE SUBSTITUTE FOR S.B. No. 714 By: Hall
9	2
10	3
11	4		A BILL TO BE ENTITLED
12	5		AN ACT
13	6		relating to the use of automated traffic control systems and
14	7		photographic traffic signal enforcement systems.
15	8		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
16	9		SECTION 1. Section 542.2035, Transportation Code, is
17	10		amended to read as follows:
18	11		Sec. 542.2035. AUTOMATED TRAFFIC CONTROL SYSTEM PROHIBITED
19	12		[LIMITATION ON MUNICIPALITIES]. (a) A local authority
20	13		[municipality] may not implement or operate an automated traffic
21	14		control system with respect to a highway or street under its
22		-	jurisdiction for a purpose other than collecting or enforcing a
23		-	toll [the purpose of enforcing compliance with posted speed
24		-	limits]. The attorney general shall enforce this subsection.
	15	+	jurisdiction for a purpose other than a purpose described by
	16	+	Section 707.0015 or 707.0016 [the purpose of enforcing compliance
	17	+	with posted speed limits]. The attorney general shall enforce this
	18	+	subsection.
25	19		(b) In this section, "automated traffic control system"
26	20		means a photographic traffic signal enforcement system, as defined
27	21		by Section 707.001 [a photographic device, radar device, laser
28	22		device, or other electrical or mechanical device designed to:
29	23		[(1) record the speed of a motor vehicle; and
30	24		[(2) obtain one or more photographs or other recorded
31	25		images of:
32	26		[(A) the vehicle;
33	27		[(B) the license plate attached to the vehicle;
34	28		or
35	29		[(C) the operator of the vehicle].
	30	+	(c) For the purposes of this section, "local authority"
	31	+	includes a school district, a governmental agency that provides
	32	+	services to a school district, and an intermediate educational
	33	+	agency.
36	34		SECTION 2. The heading to Chapter 707, Transportation Code,
37	35		is amended to read as follows:
38	36		CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
39	37		ENFORCEMENT SYSTEM PROHIBITED
40	38		SECTION 3. Sections 707.001(3) and (4), Transportation
41	39		Code, are amended to read as follows:
42	40		(3) "Photographic traffic signal enforcement system"
43	41		means a device or system that:
44	42		(A) consists of:
45	43		(i) a camera system and vehicle sensor that
46	44		are:
47	45		(a) installed to exclusively work in
48	46		conjunction with an electrically operated traffic-control signal;
49	47		and
50	48		(b) [(B) is] capable of producing [at
51	49		least two] recorded images that depict the operator of a motor
52	50		vehicle or the license plate attached to the front or the rear of a
53	51		motor vehicle that is not being operated in compliance with the
54	52		instructions of the traffic-control signal; or
55	53		(ii) a radar unit or sensor linked to:
56	54		(a) a camera or other recording device
57	55		that is capable of producing a photograph, microphotograph,
58	56		videotape, or other recorded image of the operator of a motor
59	57		vehicle or the license plate attached to the front or the rear of a
60	58		motor vehicle; or
61	59		(b) a device that is capable of
62	60		reading a license plate attached to the front or the rear of a motor
63	61		vehicle or otherwise identifying a motor vehicle; or
64	62		(B) is capable of taking photographic,
65	63		electronic, video, or digital images of vehicles that pass a bus.
66	64		(4) "Recorded image" means a photographic or digital
67	65		image that depicts the front or the rear of a motor vehicle or the
68	66		operator of a motor vehicle.
69	67		SECTION 4. Chapter 707, Transportation Code, is amended by
70		-	adding ~~Section~~ 707.0015 to read as follows:
	68	+	adding Sections 707.0015 and 707.0016 to read as follows:
71	69		Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter
72	70		does not apply to a photographic traffic signal enforcement system
73	71		that is used for the purpose of collecting or enforcing tolls.
	72	+	Sec. 707.0016. LAW ENFORCEMENT USE EXCEPTED. This chapter
	73	+	does not apply to a photographic traffic signal enforcement system
	74	+	that is:
	75	+	(1) used to monitor traffic offenses;
	76	+	(2) handheld or mounted on a law enforcement vehicle;
	77	+	and
	78	+	(3) actively operated and monitored on site by a law
	79	+	enforcement officer.
74	80		SECTION 5. Chapter 707, Transportation Code, is amended by
75	81		adding Section 707.020 to read as follows:
76	82		Sec. 707.020. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
77	83		SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
78		-	law, the state or a political subdivision of the state may not issue
79		-	a civil or criminal charge or citation for an offense or violation
80		-	based on a recorded image produced by a photographic traffic signal
	84	+	law, and except as provided by Sections 707.0015 and 707.0016, the
	85	+	state, a school district, a governmental agency that provides
	86	+	services to a school district, an intermediate educational agency,
	87	+	or another political subdivision of the state may not issue a civil
	88	+	or criminal charge or citation for an offense or violation based on
	89	+	a recorded image produced by a photographic traffic signal
81	90		enforcement system.
82	91		SECTION 6. Section 27.031(a), Government Code, is amended
83	92		to read as follows:
84	93		(a) In addition to the jurisdiction and powers provided by
85	94		the constitution and other law, the justice court has original
86	95		jurisdiction of:
87	96		(1) civil matters in which exclusive jurisdiction is
88	97		not in the district or county court and in which the amount in
89	98		controversy is not more than $10,000, exclusive of interest;
90	99		(2) cases of forcible entry and detainer; and
91	100		(3) foreclosure of mortgages and enforcement of liens
92	101		on personal property in cases in which the amount in controversy is
93	102		otherwise within the justice court's jurisdiction[; and
94	103		[(4) cases arising under Chapter 707, Transportation
95	104		Code, outside a municipality's territorial limits].
96	105		SECTION 7. Section 133.004, Local Government Code, as
97	106		amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
98	107		(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
99	108		is reenacted and amended to read as follows:
100	109		Sec. 133.004. CIVIL FEES. This chapter applies to the
101	110		following civil fees:
102	111		(1) the consolidated fee on filing in district court
103	112		imposed under Section 133.151;
104	113		(2) the filing fee in district court for basic civil
105	114		legal services for indigents imposed under Section 133.152;
106	115		(3) the filing fee in courts other than district court
107	116		for basic civil legal services for indigents imposed under Section
108	117		133.153;
109	118		(4) the filing fees for the judicial fund imposed in
110	119		certain statutory county courts under Section 51.702, Government
111	120		Code;
112	121		(5) the filing fees for the judicial fund imposed in
113	122		certain county courts under Section 51.703, Government Code;
114	123		(6) the filing fees for the judicial fund imposed in
115	124		statutory probate courts under Section 51.704, Government Code;
116	125		(7) fees collected under Section 118.015;
117	126		(8) marriage license fees for the family trust fund
118	127		collected under Section 118.018;
119	128		(9) marriage license or declaration of informal
120	129		marriage fees for the child abuse and neglect prevention trust fund
121	130		account collected under Section 118.022; and
122	131		(10) the filing fee for the judicial fund imposed in
123	132		district court, statutory county court, and county court under
124	133		Section 133.154[; and
125	134		[(11) the portion of the civil or administrative
126	135		penalty described by Section 542.406(c)(1), Transportation Code,
127	136		imposed by a local authority to enforce compliance with the
128	137		instructions of a traffic-control signal;
129	138		[(11) the portion of the civil or administrative
130	139		penalty described by Section 707.008(a)(1), Transportation Code,
131	140		imposed by a local authority to enforce compliance with the
132	141		instructions of a traffic-control signal].
133	142		SECTION 8. The following are repealed:
134	143		(1) Section 29.003(g), Government Code;
135		-	(2) Chapter 782, Health and Safety Code, as amended by
136		-	S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015;
137		-	(3) Sections 542.405, 542.406, and 544.012,
	144	+	(2) Sections 542.405, 542.406, and 544.012,
138	145		Transportation Code; and
139		-	(4) Sections 707.002, 707.0021, 707.003, 707.004,
	146	+	(3) Sections 707.002, 707.0021, 707.003, 707.004,
140	147		707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
141	148		707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
142	149		707.019, Transportation Code.
143	150		SECTION 9. (a) The repeal by this Act of Sections 542.405
144	151		and 542.406, Transportation Code, and provisions of Chapter 707,
145	152		Transportation Code, does not affect the validity of a proceeding
146	153		initiated or a civil penalty imposed under those provisions before
147	154		the effective date of this Act. A proceeding initiated or a civil
148	155		penalty imposed under those provisions before the effective date of
149	156		this Act is governed by the applicable law in effect before the
150	157		effective date of this Act, and the former law is continued in
151	158		effect for that purpose.
152	159		(b) Notwithstanding the repeal by this Act of Sections
153	160		542.405 and 542.406 and provisions of Chapter 707, Transportation
154	161		Code, if before June 1, 2015, a local authority had enacted an
155	162		ordinance under those provisions to implement a photographic
156	163		traffic signal enforcement system and entered into a contract for
157	164		the administration and enforcement of the system, the local
158	165		authority may continue to operate the system under that ordinance
159	166		and under the terms of that contract until the expiration date
160	167		specified in the contract as the contract existed on June 1, 2015.
161	168		SECTION 10. This Act takes effect immediately if it
162	169		receives a vote of two-thirds of all the members elected to each
163	170		house, as provided by Section 39, Article III, Texas Constitution.
164	171		If this Act does not receive the vote necessary for immediate
165	172		effect, this Act takes effect September 1, 2015.
166		-	* * * * *