By: Hall, et al. S.B. No. 714
(In the Senate - Filed February 24, 2015; March 2, 2015,
read first time and referred to Committee on Transportation;
April 14, 2015, reported adversely, with favorable Committee
Substitute by the following vote: Yeas 7, Nays 2; April 14, 2015,
sent to printer.)
Click here to see the committee vote
COMMITTEE SUBSTITUTE FOR S.B. No. 714 By: Hall
A BILL TO BE ENTITLED
AN ACT
relating to the use of automated traffic control systems and
photographic traffic signal enforcement systems.
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. AUTOMATED TRAFFIC CONTROL SYSTEM PROHIBITED
[LIMITATION ON MUNICIPALITIES]. (a) A local authority
[municipality] may not implement or operate an automated traffic
control system with respect to a highway or street under its
jurisdiction for a purpose other than collecting or enforcing a
toll [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 traffic signal enforcement system, as defined
by Section 707.001 [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].
SECTION 2. The heading to Chapter 707, Transportation Code,
is amended to read as follows:
CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
ENFORCEMENT SYSTEM PROHIBITED
SECTION 3. Sections 707.001(3) and (4), Transportation
Code, are amended to read as follows:
(3) "Photographic traffic signal enforcement system"
means a device or system that:
(A) consists of:
(i) a camera system and vehicle sensor that
are:
(a) installed to exclusively work in
conjunction with an electrically operated traffic-control signal;
and
(b) [(B) is] capable of producing [at
least two] recorded images that depict the operator of a motor
vehicle or the license plate attached to the front or the rear of a
motor vehicle that is not being operated in compliance with the
instructions of the traffic-control signal; or
(ii) a radar unit or sensor linked to:
(a) a camera or other recording device
that is capable of producing a photograph, microphotograph,
videotape, or other recorded image of the operator of a motor
vehicle or the license plate attached to the front or the rear of a
motor vehicle; or
(b) a device that is capable of
reading a license plate attached to the front or the rear of a motor
vehicle or otherwise identifying a motor vehicle; or
(B) is capable of taking photographic,
electronic, video, or digital images of vehicles that pass a bus.
(4) "Recorded image" means a photographic or digital
image that depicts the front or the rear of a motor vehicle or the
operator of a motor vehicle.
SECTION 4. Chapter 707, Transportation Code, is amended by
adding Section 707.0015 to read as follows:
Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter
does not apply to a photographic traffic signal enforcement system
that is used for the purpose of collecting or enforcing tolls.
SECTION 5. Chapter 707, Transportation Code, is amended by
adding Section 707.020 to read as follows:
Sec. 707.020. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
law, the state or a political subdivision of the state may not issue
a civil or criminal charge or citation for an offense or violation
based on a recorded image produced by a photographic traffic signal
enforcement system.
SECTION 6. Section 27.031(a), Government Code, is amended
to read as follows:
(a) In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
(1) civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $10,000, exclusive of interest;
(2) cases of forcible entry and detainer; and
(3) foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction[; and
[(4) cases arising under Chapter 707, Transportation
Code, outside a municipality's territorial limits].
SECTION 7. Section 133.004, Local Government Code, as
amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted and amended to read as follows:
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6) the filing fees for the judicial fund imposed in
statutory probate courts under Section 51.704, Government Code;
(7) fees collected under Section 118.015;
(8) marriage license fees for the family trust fund
collected under Section 118.018;
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022; and
(10) the filing fee for the judicial fund imposed in
district court, statutory county court, and county court under
Section 133.154[; and
[(11) the portion of the civil or administrative
penalty described by Section 542.406(c)(1), Transportation Code,
imposed by a local authority to enforce compliance with the
instructions of a traffic-control signal;
[(11) the portion of the civil or administrative
penalty described by Section 707.008(a)(1), Transportation Code,
imposed by a local authority to enforce compliance with the
instructions of a traffic-control signal].
SECTION 8. The following are repealed:
(1) Section 29.003(g), Government Code;
(2) Chapter 782, Health and Safety Code, as amended by
S.B. No. 219, Acts of the 84th Legislature, Regular Session, 2015;
(3) Sections 542.405, 542.406, and 544.012,
Transportation Code; and
(4) Sections 707.002, 707.0021, 707.003, 707.004,
707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
707.019, Transportation Code.
SECTION 9. (a) The repeal by this Act of Sections 542.405
and 542.406, Transportation Code, and provisions of Chapter 707,
Transportation Code, does not affect the validity of a proceeding
initiated or a civil penalty imposed under those provisions before
the effective date of this Act. A proceeding initiated or a civil
penalty imposed under those provisions before the effective date of
this Act is governed by the applicable law in effect before the
effective date of this Act, and the former law is continued in
effect for that purpose.
(b) Notwithstanding the repeal by this Act of Sections
542.405 and 542.406 and provisions of Chapter 707, Transportation
Code, if before June 1, 2015, a local authority had enacted an
ordinance under those provisions to implement a photographic
traffic signal enforcement system and entered into a contract for
the administration and enforcement of the system, the local
authority may continue to operate the system under that ordinance
and under the terms of that contract until the expiration date
specified in the contract as the contract existed on June 1, 2015.
SECTION 10. 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, 2015.
* * * * *