Texas 2017 - 85th Regular

Texas Senate Bill SB111 Compare Versions

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

Old	New	Differences
1	1	85R115 AJZ-F
2	2	By: Huffines S.B. No. 111
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to prohibiting the use of photographic traffic 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
17	17	system" 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;
38	38	(B) is capable of taking photographic,
39	39	electronic, video, or digital images of vehicles that pass a bus; or
40	40	(C) records the speed of a motor vehicle and
41	41	obtains one or more photographs or other recorded images of:
42	42	(i) the vehicle;
43	43	(ii) the license plate attached to the
44	44	vehicle; or
45	45	(iii) the operator of the vehicle.
46	46	(4) "Recorded image" means a photographic or digital
47	47	image that depicts the front or the rear of a motor vehicle or the
48	48	operator of a motor vehicle.
49	49	SECTION 3. Chapter 707, Transportation Code, is amended by
50	50	adding Section 707.0015 to read as follows:
51	51	Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter
52	52	does not apply to a photographic traffic enforcement system that is
53	53	used for the purpose of collecting or enforcing tolls.
54	54	SECTION 4. Chapter 707, Transportation Code, is amended by
55	55	adding Section 707.020 to read as follows:
56	56	Sec. 707.020. USE OF PHOTOGRAPHIC TRAFFIC ENFORCEMENT
57	57	SYSTEM PROHIBITED. Notwithstanding any other law, the state or a
58	58	political subdivision of the state, including a school district, a
59	59	governmental agency that provides services to a school district, or
60	60	an intermediate educational agency, may not issue a civil or
61	61	criminal charge or citation for an offense or violation based on a
62	62	recorded image produced by a photographic traffic enforcement
63	63	system.
64	64	SECTION 5. Section 27.031(a), Government Code, is amended
65	65	to read as follows:
66	66	(a) In addition to the jurisdiction and powers provided by
67	67	the constitution and other law, the justice court has original
68	68	jurisdiction of:
69	69	(1) civil matters in which exclusive jurisdiction is
70	70	not in the district or county court and in which the amount in
71	71	controversy is not more than $10,000, exclusive of interest;
72	72	(2) cases of forcible entry and detainer; and
73	73	(3) foreclosure of mortgages and enforcement of liens
74	74	on personal property in cases in which the amount in controversy is
75	75	otherwise within the justice court's jurisdiction[; and
76	76	[(4) cases arising under Chapter 707, Transportation
77	77	Code, outside a municipality's territorial limits].
78	78	SECTION 6. Section 780.003(b), Health and Safety Code, is
79	79	amended to read as follows:
80	80	(b) The account is composed of money deposited to the credit
81	81	of the account under the [Sections 542.406 and 707.008,]
82	82	Transportation Code[,] and under Section 780.002 of this code.
83	83	SECTION 7. Section 133.004, Local Government Code, as
84	84	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
85	85	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
86	86	is reenacted and amended to read as follows:
87	87	Sec. 133.004. CIVIL FEES. This chapter applies to the
88	88	following civil fees:
89	89	(1) the consolidated fee on filing in district court
90	90	imposed under Section 133.151;
91	91	(2) the filing fee in district court for basic civil
92	92	legal services for indigents imposed under Section 133.152;
93	93	(3) the filing fee in courts other than district court
94	94	for basic civil legal services for indigents imposed under Section
95	95	133.153;
96	96	(4) the filing fees for the judicial fund imposed in
97	97	certain statutory county courts under Section 51.702, Government
98	98	Code;
99	99	(5) the filing fees for the judicial fund imposed in
100	100	certain county courts under Section 51.703, Government Code;
101	101	(6) the filing fees for the judicial fund imposed in
102	102	statutory probate courts under Section 51.704, Government Code;
103	103	(7) fees collected under Section 118.015;
104	104	(8) marriage license fees for the family trust fund
105	105	collected under Section 118.018;
106	106	(9) marriage license or declaration of informal
107	107	marriage fees for the child abuse and neglect prevention trust fund
108	108	account collected under Section 118.022; and
109	109	(10) the filing fee for the judicial fund imposed in
110	110	district court, statutory county court, and county court under
111	111	Section 133.154[; and
112	112	[(11) the portion of the civil or administrative
113	113	penalty described by Section 542.406(c)(1), Transportation Code,
114	114	imposed by a local authority to enforce compliance with the
115	115	instructions of a traffic-control signal;
116	116	[(11) the portion of the civil or administrative
117	117	penalty described by Section 707.008(a)(1), Transportation Code,
118	118	imposed by a local authority to enforce compliance with the
119	119	instructions of a traffic-control signal].
120	120	SECTION 8. The following are repealed:
121	121	(1) Section 29.003(g), Government Code;
122	122	(2) Sections 542.202(b)(3), 542.2035, 542.405,
123	123	542.406, and 544.012, Transportation Code; and
124	124	(3) Sections 707.002, 707.0021, 707.003, 707.004,
125	125	707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
126	126	707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
127	127	707.019, Transportation Code.
128	128	SECTION 9. The repeal by this Act of Sections 542.405 and
129	129	542.406, Transportation Code, and provisions of Chapter 707,
130	130	Transportation Code, does not affect the validity of a proceeding
131	131	initiated or a civil penalty imposed under those provisions before
132	132	the effective date of this Act. A proceeding initiated or a civil
133	133	penalty imposed under those provisions before the effective date of
134	134	this Act is governed by the applicable law in effect before the
135	135	effective date of this Act, and the former law is continued in
136	136	effect for that purpose.
137	137	SECTION 10. If any provision of this Act or its application
138	138	to any person or circumstance is held invalid, the invalidity does
139	139	not affect other provisions or applications of this Act that can be
140	140	given effect without the invalid provision or application, and the
141	141	provisions of this Act are severable for this purpose.
142	142	SECTION 11. This Act takes effect immediately if it
143	143	receives a vote of two-thirds of all the members elected to each
144	144	house, as provided by Section 39, Article III, Texas Constitution.
145	145	If this Act does not receive the vote necessary for immediate
146	146	effect, this Act takes effect September 1, 2017.