TX
Texas Senate Bill SB88

Texas 2017 - 85th Regular

Texas Senate Bill SB88 Compare Versions

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1-By: Hall S.B. No. 88
2- (In the Senate - Filed November 14, 2016; January 24, 2017,
3- read first time and referred to Committee on Transportation;
4- March 16, 2017, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 6, Nays 2; March 16, 2017,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 88 By: Hall
1+By: Hall, et al. S.B. No. 88
92
103
114 A BILL TO BE ENTITLED
125 AN ACT
136 relating to the use of photographic traffic signal enforcement
147 systems.
158 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
169 SECTION 1. The heading to Chapter 707, Transportation Code,
1710 is amended to read as follows:
18- CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
19- ENFORCEMENT SYSTEM PROHIBITED
11+ CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT SYSTEM
12+ PROHIBITED
2013 SECTION 2. Sections 707.001(3) and (4), Transportation
2114 Code, are amended to read as follows:
2215 (3) "Photographic traffic signal enforcement system"
23- means a device or system that:
24- (A) consists of:
25- (i) a camera system and vehicle sensor that
26- are:
27- (a) installed to exclusively work in
16+ means a device or system that[:
17+ [(A)] consists of:
18+ (A) a camera system and vehicle sensor that are:
19+ (i) installed to exclusively work in
2820 conjunction with an electrically operated traffic-control signal;
2921 and
30- (b) [(B) is] capable of producing [at
22+ (ii) [(B) is] capable of producing [at
3123 least two] recorded images that depict the operator of a motor
3224 vehicle or the license plate attached to the front or the rear of a
3325 motor vehicle that is not being operated in compliance with the
3426 instructions of the traffic-control signal; or
35- (ii) a radar unit or sensor linked to:
36- (a) a camera or other recording device
37- that is capable of producing a photograph, microphotograph,
38- videotape, or other recorded image of the operator of a motor
39- vehicle or the license plate attached to the front or the rear of a
40- motor vehicle; or
41- (b) a device that is capable of
42- reading a license plate attached to the front or the rear of a motor
43- vehicle or otherwise identifying a motor vehicle; or
44- (B) is capable of taking photographic,
45- electronic, video, or digital images of vehicles that pass a bus.
27+ (B) a radar unit or sensor linked to:
28+ (i) a camera or other recording device that
29+ is capable of producing a photograph, microphotograph, videotape,
30+ or other recorded image of the operator of a motor vehicle or the
31+ license plate attached to the front or the rear of a motor vehicle;
32+ or
33+ (ii) a device that is capable of reading a
34+ license plate attached to the front or the rear of a motor vehicle
35+ or otherwise identifying a motor vehicle.
4636 (4) "Recorded image" means a photographic or digital
4737 image that depicts the front or the rear of a motor vehicle or the
4838 operator of a motor vehicle.
4939 SECTION 3. Chapter 707, Transportation Code, is amended by
50- adding Sections 707.0015 and 707.0016 to read as follows:
40+ adding Sections 707.0015, 707.0016, and 707.0017 to read as
41+ follows:
5142 Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter
5243 does not apply to a photographic traffic signal enforcement system
5344 that is used for the purpose of collecting or enforcing tolls.
54- Sec. 707.0016. LAW ENFORCEMENT USE EXCEPTED. This chapter
55- does not apply to a photographic traffic signal enforcement system
56- that is:
45+ Sec. 707.0016. LAW ENFORCEMENT USE EXCEPTED. (a) A law
46+ enforcement agency may use a photographic traffic signal
47+ enforcement system only if the system is:
5748 (1) used to monitor traffic offenses;
5849 (2) handheld or mounted on a law enforcement vehicle;
5950 and
6051 (3) actively operated and monitored on site by a law
6152 enforcement officer.
53+ (b) A law enforcement agency that uses a photographic
54+ traffic signal enforcement system described by Subsection (a) may
55+ only issue a citation for an offense detected using the system if
56+ the citation is issued by a law enforcement officer, in person, at
57+ the time the offense was alleged to have been committed. A citation
58+ for a violation detected by a photographic traffic signal
59+ enforcement system may not be issued by mail.
60+ Sec. 707.0017. SCHOOL BUS USE EXCEPTED. This chapter does
61+ not apply to a photographic traffic signal enforcement system that
62+ is capable of taking photographic, electronic, video, or digital
63+ images of vehicles that pass a school bus if:
64+ (1) the system is used only for the prosecution of a
65+ criminal offense; and
66+ (2) a person who is cited for a criminal offense as a
67+ result of evidence obtained by the system is authorized to contest
68+ the citation in court.
6269 SECTION 4. Chapter 707, Transportation Code, is amended by
6370 adding Sections 707.020 and 707.021 to read as follows:
6471 Sec. 707.020. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
6572 SYSTEM PROHIBITED. (a) Notwithstanding any other law, and except
66- as provided by Sections 707.0015 and 707.0016, a county, a
67- municipality, a school district, a governmental agency that
73+ as provided by Sections 707.0015, 707.0016, and 707.0017, a county,
74+ a municipality, a school district, a governmental agency that
6875 provides services to a school district, an intermediate educational
6976 agency, or another local entity authorized to enact traffic laws
7077 under the laws of this state may not implement or operate a
7178 photographic traffic signal enforcement system with respect to a
7279 highway or street under the jurisdiction of the entity.
7380 (b) The attorney general shall enforce this section.
7481 Sec. 707.021. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
7582 SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
76- law, and except as provided by Sections 707.0015 and 707.0016, the
77- state, a school district, a governmental agency that provides
78- services to a school district, an intermediate educational agency,
79- or another political subdivision of the state may not issue a civil
80- or criminal charge or citation for an offense or violation based on
81- a recorded image produced by a photographic traffic signal
83+ law, and except as provided by Sections 707.0015, 707.0016, and
84+ 707.0017, the state, a school district, a governmental agency that
85+ provides services to a school district, an intermediate educational
86+ agency, or another political subdivision of the state may not issue
87+ a civil or criminal charge or citation for an offense or violation
88+ based on a recorded image produced by a photographic traffic signal
8289 enforcement system.
8390 SECTION 5. Section 27.031(a), Government Code, is amended
8491 to read as follows:
8592 (a) In addition to the jurisdiction and powers provided by
8693 the constitution and other law, the justice court has original
8794 jurisdiction of:
8895 (1) civil matters in which exclusive jurisdiction is
8996 not in the district or county court and in which the amount in
9097 controversy is not more than $10,000, exclusive of interest;
9198 (2) cases of forcible entry and detainer; and
9299 (3) foreclosure of mortgages and enforcement of liens
93100 on personal property in cases in which the amount in controversy is
94101 otherwise within the justice court's jurisdiction[; and
95102 [(4) cases arising under Chapter 707, Transportation
96103 Code, outside a municipality's territorial limits].
97104 SECTION 6. Section 133.004, Local Government Code, as
98105 amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
99106 (S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
100107 is reenacted and amended to read as follows:
101108 Sec. 133.004. CIVIL FEES. This chapter applies to the
102109 following civil fees:
103110 (1) the consolidated fee on filing in district court
104111 imposed under Section 133.151;
105112 (2) the filing fee in district court for basic civil
106113 legal services for indigents imposed under Section 133.152;
107114 (3) the filing fee in courts other than district court
108115 for basic civil legal services for indigents imposed under Section
109116 133.153;
110117 (4) the filing fees for the judicial fund imposed in
111118 certain statutory county courts under Section 51.702, Government
112119 Code;
113120 (5) the filing fees for the judicial fund imposed in
114121 certain county courts under Section 51.703, Government Code;
115122 (6) the filing fees for the judicial fund imposed in
116123 statutory probate courts under Section 51.704, Government Code;
117124 (7) fees collected under Section 118.015;
118125 (8) marriage license fees for the family trust fund
119126 collected under Section 118.018;
120127 (9) marriage license or declaration of informal
121128 marriage fees for the child abuse and neglect prevention trust fund
122129 account collected under Section 118.022; and
123130 (10) the filing fee for the judicial fund imposed in
124131 district court, statutory county court, and county court under
125132 Section 133.154[; and
126133 [(11) the portion of the civil or administrative
127134 penalty described by Section 542.406(c)(1), Transportation Code,
128135 imposed by a local authority to enforce compliance with the
129136 instructions of a traffic-control signal
130137 [(11) the portion of the civil or administrative
131138 penalty described by Section 707.008(a)(1), Transportation Code,
132139 imposed by a local authority to enforce compliance with the
133140 instructions of a traffic-control signal].
134141 SECTION 7. The following are repealed:
135142 (1) Section 29.003(g), Government Code;
136143 (2) Sections 542.405, 542.406, and 544.012,
137144 Transportation Code; and
138145 (3) Sections 707.002, 707.0021, 707.003, 707.004,
139146 707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011,
140147 707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and
141148 707.019, Transportation Code.
142149 SECTION 8. (a) The repeal by this Act of Sections 542.405
143150 and 542.406, Transportation Code, and provisions of Chapter 707,
144151 Transportation Code, does not affect the validity of a proceeding
145152 initiated or a civil penalty imposed under those provisions before
146153 the effective date of this Act. A proceeding initiated or a civil
147154 penalty imposed under those provisions before the effective date of
148155 this Act is governed by the applicable law in effect before the
149156 effective date of this Act, and the former law is continued in
150157 effect for that purpose.
151158 (b) Notwithstanding the repeal by this Act of Sections
152159 542.405 and 542.406 and provisions of Chapter 707, Transportation
153160 Code, if before June 1, 2017, a local authority had enacted an
154161 ordinance under those provisions to implement a photographic
155162 traffic signal enforcement system and entered into a contract for
156163 the administration and enforcement of the system, the local
157164 authority may continue to operate the system under that ordinance
158165 and under the terms of that contract until the expiration date
159166 specified in the contract as the contract existed on June 1, 2017.
167+ (c) Subsection (b) of this section does not apply to a
168+ contract for the administration and enforcement of a photographic
169+ traffic signal enforcement system entered into before January 1,
170+ 2017, that explicitly authorizes termination of the contract on the
171+ basis of adverse state legislation.
160172 SECTION 9. This Act takes effect immediately if it receives
161173 a vote of two-thirds of all the members elected to each house, as
162174 provided by Section 39, Article III, Texas Constitution. If this
163175 Act does not receive the vote necessary for immediate effect, this
164176 Act takes effect September 1, 2017.
165- * * * * *