Texas 2017 - 85th Regular

Texas House Bill HB808 Compare Versions

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

Old	New	Differences
1	1	85R718 AJZ-F
2	2	By: Fallon H.B. No. 808
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of photographic traffic signal enforcement
8	8	systems.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. The heading to Chapter 707, Transportation Code,
11	11	is amended to read as follows:
12	12	CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
13	13	ENFORCEMENT SYSTEM PROHIBITED
14	14	SECTION 2. Sections 707.001(3) and (4), Transportation
15	15	Code, are amended to read as follows:
16	16	(3) "Photographic traffic signal enforcement system"
17	17	means a device or system that:
18	18	(A) consists of:
19	19	(i) a camera system and vehicle sensor that
20	20	are:
21	21	(a) installed to exclusively work in
22	22	conjunction with an electrically operated traffic-control signal;
23	23	and
24	24	(b) [(B) is] capable of producing [at
25	25	least two] recorded images that depict the operator of a motor
26	26	vehicle or the license plate attached to the front or the rear of a
27	27	motor vehicle that is not being operated in compliance with the
28	28	instructions of the traffic-control signal; or
29	29	(ii) a radar unit or sensor linked to:
30	30	(a) a camera or other recording device
31	31	that is capable of producing a photograph, microphotograph,
32	32	videotape, or other recorded image of the operator of a motor
33	33	vehicle or the license plate attached to the front or the rear of a
34	34	motor vehicle; or
35	35	(b) a device that is capable of
36	36	reading a license plate attached to the front or the rear of a motor
37	37	vehicle or otherwise identifying a motor vehicle; or
38	38	(B) is capable of taking photographic,
39	39	electronic, video, or digital images of vehicles that pass a bus.
40	40	(4) "Recorded image" means a photographic or digital
41	41	image that depicts the front or the rear of a motor vehicle or the
42	42	operator of a motor vehicle.
43	43	SECTION 3. Chapter 707, Transportation Code, is amended by
44	44	adding Sections 707.0015 and 707.0016 to read as follows:
45	45	Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter
46	46	does not apply to a photographic traffic signal enforcement system
47	47	that is used for the purpose of collecting or enforcing tolls.
48	48	Sec. 707.0016. LAW ENFORCEMENT USE EXCEPTED. This chapter
49	49	does not apply to a photographic traffic signal enforcement system
50	50	that is:
51	51	(1) used to monitor traffic offenses;
52	52	(2) handheld or mounted on a law enforcement vehicle;
53	53	and
54	54	(3) actively operated and monitored on site by a law
55	55	enforcement officer.
56	56	SECTION 4. Chapter 707, Transportation Code, is amended by
57	57	adding Sections 707.020 and 707.021 to read as follows:
58	58	Sec. 707.020. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
59	59	SYSTEM PROHIBITED. (a) Notwithstanding any other law, and except
60	60	as provided by Sections 707.0015 and 707.0016, a county, a
61	61	municipality, a school district, a governmental agency that
62	62	provides services to a school district, an intermediate educational
63	63	agency, or another local entity authorized to enact traffic laws
64	64	under the laws of this state may not implement or operate a
65	65	photographic traffic signal enforcement system with respect to a
66	66	highway or street under the jurisdiction of the entity.
67	67	(b) The attorney general shall enforce this section.
68	68	Sec. 707.021. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
69	69	SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
70	70	law, and except as provided by Sections 707.0015 and 707.0016, the
71	71	state, a school district, a governmental agency that provides
72	72	services to a school district, an intermediate educational agency,
73	73	or another political subdivision of the state may not issue a civil
74	74	or criminal charge or citation for an offense or violation based on
75	75	a recorded image produced by a photographic traffic signal
76	76	enforcement system.
77	77	SECTION 5. Section 27.031(a), Government Code, is amended
78	78	to read as follows:
79	79	(a) In addition to the jurisdiction and powers provided by
80	80	the constitution and other law, the justice court has original
81	81	jurisdiction of:
82	82	(1) civil matters in which exclusive jurisdiction is
83	83	not in the district or county court and in which the amount in
84	84	controversy is not more than $10,000, exclusive of interest;
85	85	(2) cases of forcible entry and detainer; and
86	86	(3) foreclosure of mortgages and enforcement of liens
87	87	on personal property in cases in which the amount in controversy is
88	88	otherwise within the justice court's jurisdiction[; and
89	89	[(4) cases arising under Chapter 707, Transportation
90	90	Code, outside a municipality's territorial limits].
91	91	SECTION 6. Section 780.003(b), Health and Safety Code, is
92	92	amended to read as follows:
93	93	(b) The account is composed of money deposited to the credit
94	94	of the account under [Sections 542.406 and 707.008, Transportation
95	95	Code, and under] Section 780.002 [of this code].
96	96	SECTION 7. Section 133.004, Local Government Code, as
97	97	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
98	98	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
99	99	is reenacted and amended to read as follows:
100	100	Sec. 133.004. CIVIL FEES. This chapter applies to the
101	101	following civil fees:
102	102	(1) the consolidated fee on filing in district court
103	103	imposed under Section 133.151;
104	104	(2) the filing fee in district court for basic civil
105	105	legal services for indigents imposed under Section 133.152;
106	106	(3) the filing fee in courts other than district court
107	107	for basic civil legal services for indigents imposed under Section
108	108	133.153;
109	109	(4) the filing fees for the judicial fund imposed in
110	110	certain statutory county courts under Section 51.702, Government
111	111	Code;
112	112	(5) the filing fees for the judicial fund imposed in
113	113	certain county courts under Section 51.703, Government Code;
114	114	(6) the filing fees for the judicial fund imposed in
115	115	statutory probate courts under Section 51.704, Government Code;
116	116	(7) fees collected under Section 118.015;
117	117	(8) marriage license fees for the family trust fund
118	118	collected under Section 118.018;
119	119	(9) marriage license or declaration of informal
120	120	marriage fees for the child abuse and neglect prevention trust fund
121	121	account collected under Section 118.022; and
122	122	(10) the filing fee for the judicial fund imposed in
123	123	district court, statutory county court, and county court under
124	124	Section 133.154[; and
125	125	[(11) the portion of the civil or administrative
126	126	penalty described by Section 542.406(c)(1), Transportation Code,
127	127	imposed by a local authority to enforce compliance with the
128	128	instructions of a traffic-control signal
129	129	[(11) the portion of the civil or administrative
130	130	penalty described by Section 707.008(a)(1), Transportation Code,
131	131	imposed by a local authority to enforce compliance with the
132	132	instructions of a traffic-control signal].
133	133	SECTION 8. The following are repealed:
134	134	(1) Section 29.003(g), Government Code;
135	135	(2) Sections 542.2035, 542.405, 542.406, and 544.012,
136	136	Transportation Code; and
137	137	(3) Sections 707.002, 707.0021, 707.003, 707.004,
138	138	707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
139	139	707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
140	140	707.019, Transportation Code.
141	141	SECTION 9. (a) The repeal by this Act of Sections 542.405
142	142	and 542.406, Transportation Code, and provisions of Chapter 707,
143	143	Transportation Code, does not affect the validity of a proceeding
144	144	initiated or a civil penalty imposed under those provisions before
145	145	the effective date of this Act. A proceeding initiated or a civil
146	146	penalty imposed under those provisions before the effective date of
147	147	this Act is governed by the applicable law in effect before the
148	148	effective date of this Act, and the former law is continued in
149	149	effect for that purpose.
150	150	(b) Notwithstanding the repeal by this Act of Sections
151	151	542.405 and 542.406 and provisions of Chapter 707, Transportation
152	152	Code, if before June 1, 2017, a local authority had enacted an
153	153	ordinance under those provisions to implement a photographic
154	154	traffic signal enforcement system and entered into a contract for
155	155	the administration and enforcement of the system, the local
156	156	authority may continue to operate the system under that ordinance
157	157	and under the terms of that contract until the expiration date
158	158	specified in the contract as the contract existed on June 1, 2017.
159	159	SECTION 10. This Act takes effect immediately if it
160	160	receives a vote of two-thirds of all the members elected to each
161	161	house, as provided by Section 39, Article III, Texas Constitution.
162	162	If this Act does not receive the vote necessary for immediate
163	163	effect, this Act takes effect September 1, 2017.