| 1 | 1 | | 85R872 AJZ-D |
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| 2 | 2 | | By: Pickett H.B. No. 3980 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to requiring a referendum regarding the use of |
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| 8 | 8 | | photographic traffic signal enforcement systems. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 707, Transportation Code, is amended by |
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| 11 | 11 | | adding Section 707.020 to read as follows: |
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| 12 | 12 | | Sec. 707.020. REFERENDUM FOR PHOTOGRAPHIC TRAFFIC SIGNAL |
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| 13 | 13 | | ENFORCEMENT SYSTEM. (a) Before a local authority may operate a |
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| 14 | 14 | | photographic traffic signal enforcement system at a location in the |
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| 15 | 15 | | authority's jurisdiction, the local authority must hold a |
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| 16 | 16 | | referendum on whether the local authority may operate a |
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| 17 | 17 | | photographic traffic signal enforcement system at that location. At |
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| 18 | 18 | | the election the ballots shall be printed to permit voting for or |
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| 19 | 19 | | against the following proposition: "The operation of a photographic |
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| 20 | 20 | | traffic signal enforcement system by (name of local authority)." |
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| 21 | 21 | | The ballot must contain a description of each location where a |
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| 22 | 22 | | photographic traffic signal enforcement system would be located. |
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| 23 | 23 | | (b) If a majority of the votes cast are in favor of the |
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| 24 | 24 | | proposition, the local authority may operate a photographic traffic |
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| 25 | 25 | | signal enforcement system at each location described on the ballot. |
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| 26 | 26 | | If less than a majority of the votes cast are in favor of the |
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| 27 | 27 | | proposition, the local authority may not operate a photographic |
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| 28 | 28 | | traffic signal enforcement system at any location described on the |
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| 29 | 29 | | ballot. |
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| 30 | 30 | | (c) A subsequent referendum under this section: |
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| 31 | 31 | | (1) may be held more than once; |
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| 32 | 32 | | (2) may authorize operation of the system at |
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| 33 | 33 | | additional locations; |
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| 34 | 34 | | (3) is held in the same manner as the initial |
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| 35 | 35 | | referendum; and |
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| 36 | 36 | | (4) may not be held before the second anniversary of an |
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| 37 | 37 | | election previously held under this section. |
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| 38 | 38 | | SECTION 2. (a) A local authority, as defined by Section |
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| 39 | 39 | | 707.001, Transportation Code, that operates a photographic traffic |
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| 40 | 40 | | signal enforcement system, as defined by Section 707.001, |
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| 41 | 41 | | Transportation Code, on the effective date of this Act shall hold |
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| 42 | 42 | | the referendum required by Section 707.020, Transportation Code, as |
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| 43 | 43 | | added by this Act, on the first uniform election date that occurs |
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| 44 | 44 | | after the effective date of this Act on whether the local authority |
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| 45 | 45 | | may continue to operate the system. |
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| 46 | 46 | | (b) A local authority described by Subsection (a) of this |
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| 47 | 47 | | section may not operate a photographic traffic signal enforcement |
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| 48 | 48 | | system at a location other than the locations in place on the |
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| 49 | 49 | | effective date of this Act unless approved at a referendum held |
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| 50 | 50 | | under Section 707.020, Transportation Code, as added by this Act. |
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| 51 | 51 | | (c) A local authority that fails to authorize a photographic |
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| 52 | 52 | | traffic signal enforcement system under a referendum held under |
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| 53 | 53 | | Subsection (a) of this section that has entered into a contract for |
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| 54 | 54 | | the administration and enforcement of the system before the |
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| 55 | 55 | | effective date of this Act may continue to operate the system under |
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| 56 | 56 | | the terms of that contract until the expiration date specified in |
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| 57 | 57 | | the contract as the contract existed on the effective date of this |
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| 58 | 58 | | Act. |
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| 59 | 59 | | (d) Subsection (c) of this section does not apply to a |
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| 60 | 60 | | contract for the administration and enforcement of a photographic |
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| 61 | 61 | | traffic signal enforcement system entered into before the effective |
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| 62 | 62 | | date of this Act that explicitly authorizes termination of the |
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| 63 | 63 | | contract on the basis of adverse state legislation. |
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| 64 | 64 | | (e) On or after the effective date of this Act and before the |
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| 65 | 65 | | date of a referendum held under Subsection (a) of this section, a |
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| 66 | 66 | | local authority described by Subsection (a) of this section may not |
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| 67 | 67 | | enter into a new contract for the administration and enforcement of |
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| 68 | 68 | | a photographic traffic signal enforcement system, extend an |
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| 69 | 69 | | existing contract for the administration and enforcement of a |
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| 70 | 70 | | photographic traffic signal enforcement system, or relocate an |
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| 71 | 71 | | existing photographic traffic signal enforcement system. |
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| 72 | 72 | | SECTION 3. This Act takes effect immediately if it receives |
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| 73 | 73 | | a vote of two-thirds of all the members elected to each house, as |
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| 74 | 74 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 75 | 75 | | Act does not receive the vote necessary for immediate effect, this |
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| 76 | 76 | | Act takes effect September 1, 2017. |
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