Texas 2017 - 85th Regular

Texas House Bill HB479 Compare Versions

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

Old	New	Differences
1	1	85R1027 AJZ-D
2	2	By: Metcalf H.B. No. 479
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 780.003(b), Health and Safety Code, is
55	55	amended to read as follows:
56	56	(b) The account is composed of money deposited to the credit
57	57	of the account under [Sections 542.406 and 707.008, Transportation
58	58	Code, and under] Section 780.002 [of this code].
59	59	SECTION 4. Section 133.004, Local Government Code, as
60	60	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
61	61	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
62	62	is reenacted and amended to read as follows:
63	63	Sec. 133.004. CIVIL FEES. This chapter applies to the
64	64	following civil fees:
65	65	(1) the consolidated fee on filing in district court
66	66	imposed under Section 133.151;
67	67	(2) the filing fee in district court for basic civil
68	68	legal services for indigents imposed under Section 133.152;
69	69	(3) the filing fee in courts other than district court
70	70	for basic civil legal services for indigents imposed under Section
71	71	133.153;
72	72	(4) the filing fees for the judicial fund imposed in
73	73	certain statutory county courts under Section 51.702, Government
74	74	Code;
75	75	(5) the filing fees for the judicial fund imposed in
76	76	certain county courts under Section 51.703, Government Code;
77	77	(6) the filing fees for the judicial fund imposed in
78	78	[certain] statutory probate courts under Section 51.704,
79	79	Government Code;
80	80	(7) fees collected under Section 118.015;
81	81	(8) marriage license fees for the family trust fund
82	82	collected under Section 118.018;
83	83	(9) marriage license or declaration of informal
84	84	marriage fees for the child abuse and neglect prevention trust fund
85	85	account collected under Section 118.022; and
86	86	(10) the filing fee for the judicial fund imposed in
87	87	district court, statutory county court, and county court under
88	88	Section 133.154[; and
89	89	[(11) the portion of the civil or administrative
90	90	penalty described by Section 542.406(c)(1), Transportation Code,
91	91	imposed by a local authority to enforce compliance with the
92	92	instructions of a traffic-control signal;
93	93	[(11) the portion of the civil or administrative
94	94	penalty described by Section 707.008(a)(1), Transportation Code,
95	95	imposed by a local authority to enforce compliance with the
96	96	instructions of a traffic-control signal].
97	97	SECTION 5. The following laws are repealed:
98	98	(1) Section 29.003(g), Government Code;
99	99	(2) Sections 542.405, 542.406, and 544.012,
100	100	Transportation Code; and
101	101	(3) Chapter 707, Transportation Code.
102	102	SECTION 6. (a) The repeal by this Act of Sections 542.405
103	103	and 542.406 and Chapter 707, Transportation Code, does not affect
104	104	the validity of a proceeding initiated or a civil penalty imposed
105	105	under those provisions before the effective date of this Act. A
106	106	proceeding initiated or a civil penalty imposed under those
107	107	provisions before the effective date of this Act is governed by the
108	108	applicable law in effect before the effective date of this Act, and
109	109	the former law is continued in effect for that purpose.
110	110	(b) Notwithstanding the repeal by this Act of Sections
111	111	542.405 and 542.406 and Chapter 707, Transportation Code, if before
112	112	June 1, 2017, a local authority had enacted an ordinance under those
113	113	provisions to implement a photographic traffic signal enforcement
114	114	system and entered into a contract for the administration and
115	115	enforcement of the system, the local authority may continue to
116	116	operate the system under that ordinance and under the terms of that
117	117	contract until the expiration date specified in the contract as the
118	118	contract existed on June 1, 2017.
119	119	SECTION 7. This Act takes effect immediately if it receives
120	120	a vote of two-thirds of all the members elected to each house, as
121	121	provided by Section 39, Article III, Texas Constitution. If this
122	122	Act does not receive the vote necessary for immediate effect, this
123	123	Act takes effect September 1, 2017.