Texas 2019 - 86th Regular

Texas House Bill HB1631 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1631
	1	+	By: Stickland, et al. (Senate Sponsor - Hall) H.B. No. 1631
	2	+	(In the Senate - Received from the House May 8, 2019;
	3	+	May 10, 2019, read first time and referred to Committee on
	4	+	Transportation; May 16, 2019, reported favorably by the following
	5	+	vote: Yeas 6, Nays 2; May 16, 2019, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
	9	+	A BILL TO BE ENTITLED
4	10		AN ACT
5	11		relating to prohibiting the use of photographic traffic signal
6	12		enforcement systems.
7	13		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
8	14		SECTION 1. The heading to Chapter 707, Transportation Code,
9	15		is amended to read as follows:
10	16		CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
11	17		ENFORCEMENT SYSTEM PROHIBITED
12	18		SECTION 2. Chapter 707, Transportation Code, is amended by
13	19		adding Sections 707.020 and 707.021 to read as follows:
14	20		Sec. 707.020. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
15	21		SYSTEM PROHIBITED. (a) Notwithstanding any other law, a local
16	22		authority may not implement or operate a photographic traffic
17	23		signal enforcement system with respect to a highway or street under
18	24		the jurisdiction of the authority.
19	25		(b) The attorney general shall enforce this section.
20	26		Sec. 707.021. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
21	27		SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
22	28		law, a local authority may not issue a civil or criminal charge or
23	29		citation for an offense or violation based on a recorded image
24	30		produced by a photographic traffic signal enforcement system.
25	31		SECTION 3. Section 27.031(a), Government Code, is amended
26	32		to read as follows:
27	33		(a) In addition to the jurisdiction and powers provided by
28	34		the constitution and other law, the justice court has original
29	35		jurisdiction of:
30	36		(1) civil matters in which exclusive jurisdiction is
31	37		not in the district or county court and in which the amount in
32	38		controversy is not more than $10,000, exclusive of interest;
33	39		(2) cases of forcible entry and detainer; and
34	40		(3) foreclosure of mortgages and enforcement of liens
35	41		on personal property in cases in which the amount in controversy is
36	42		otherwise within the justice court's jurisdiction[; and
37	43		[(4) cases arising under Chapter 707, Transportation
38	44		Code, outside a municipality's territorial limits].
39	45		SECTION 4. Section 780.003(b), Health and Safety Code, is
40	46		amended to read as follows:
41	47		(b) The account is composed of money deposited to the credit
42	48		of the account under the [Sections 542.406 and 707.008,]
43	49		Transportation Code[,] and under Section 780.002 of this code.
44	50		SECTION 5. Section 133.004, Local Government Code, as
45	51		amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
46	52		(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
47	53		is reenacted and amended to read as follows:
48	54		Sec. 133.004. CIVIL FEES. This chapter applies to the
49	55		following civil fees:
50	56		(1) the consolidated fee on filing in district court
51	57		imposed under Section 133.151;
52	58		(2) the filing fee in district court for basic civil
53	59		legal services for indigents imposed under Section 133.152;
54	60		(3) the filing fee in courts other than district court
55	61		for basic civil legal services for indigents imposed under Section
56	62		133.153;
57	63		(4) the filing fees for the judicial fund imposed in
58	64		certain statutory county courts under Section 51.702, Government
59	65		Code;
60	66		(5) the filing fees for the judicial fund imposed in
61	67		certain county courts under Section 51.703, Government Code;
62	68		(6) the filing fees for the judicial fund imposed in
63	69		statutory probate courts under Section 51.704, Government Code;
64	70		(7) fees collected under Section 118.015;
65	71		(8) marriage license fees for the family trust fund
66	72		collected under Section 118.018;
67	73		(9) marriage license or declaration of informal
68	74		marriage fees for the child abuse and neglect prevention trust fund
69	75		account collected under Section 118.022; and
70	76		(10) the filing fee for the judicial fund imposed in
71	77		district court, statutory county court, and county court under
72	78		Section 133.154[; and
73	79		[(11) the portion of the civil or administrative
74	80		penalty described by Section 542.406(c)(1), Transportation Code,
75	81		imposed by a local authority to enforce compliance with the
76	82		instructions of a traffic-control signal;
77	83		[(11) the portion of the civil or administrative
78	84		penalty described by Section 707.008(a)(1), Transportation Code,
79	85		imposed by a local authority to enforce compliance with the
80	86		instructions of a traffic-control signal].
81	87		SECTION 6. The following are repealed:
82	88		(1) Section 29.003(g), Government Code;
83	89		(2) Sections 542.405, 542.406, and 544.012,
84	90		Transportation Code; and
85	91		(3) Sections 707.001(2), 707.002, 707.0021, 707.003,
86	92		707.004, 707.005, 707.006, 707.007, 707.008, 707.009, 707.010,
87	93		707.011, 707.012, 707.013, 707.014, 707.015, 707.016, 707.017,
88	94		707.018, and 707.019, Transportation Code.
89	95		SECTION 7. (a) Notwithstanding any provision of this Act to
90	96		the contrary, if before May 7, 2019, a local authority had enacted
91	97		an ordinance to implement a photographic traffic signal enforcement
92	98		system under Sections 542.405 and 542.406, Transportation Code, or
93	99		Chapter 707, Transportation Code, and entered into a contract for
94	100		the administration and enforcement of the system:
95	101		(1) the local authority may continue to operate the
96	102		system under that ordinance and under the terms of that contract
97	103		until the expiration date specified in the contract as the contract
98	104		existed on May 7, 2019; and
99	105		(2) the photographic traffic signal enforcement
100	106		system, and any proceeding initiated or civil or administrative
101	107		penalty imposed after the effective date of this Act are governed by
102	108		the applicable law in effect immediately before the effective date
103	109		of this Act, and the former law is continued in effect for that
104	110		purpose.
105	111		(b) Subsection (a) of this section does not apply to a
106	112		contract for the administration and enforcement of a photographic
107	113		traffic signal enforcement system entered into before May 7, 2019,
108	114		that authorizes termination of the contract on the basis of adverse
109	115		state legislation.
110	116		(c) Neither the Texas Department of Motor Vehicles nor a
111	117		county assessor-collector may refuse to register a motor vehicle
112	118		alleged to have been involved in a violation of former Chapter 707,
113	119		Transportation Code, solely because the owner of the motor vehicle
114	120		is delinquent in the payment of a civil penalty imposed under that
115	121		chapter as permitted under Subsection (a) of this section.
116	122		SECTION 8. This Act takes effect immediately if it receives
117	123		a vote of two-thirds of all the members elected to each house, as
118	124		provided by Section 39, Article III, Texas Constitution. If this
119	125		Act does not receive the vote necessary for immediate effect, this
120	126		Act takes effect September 1, 2019.
121		-	______________________________ ______________________________
122		-	President of the Senate Speaker of the House
123		-	I certify that H.B. No. 1631 was passed by the House on May 8,
124		-	2019, by the following vote: Yeas 109, Nays 34, 3 present, not
125		-	voting.
126		-	______________________________
127		-	Chief Clerk of the House
128		-	I certify that H.B. No. 1631 was passed by the Senate on May
129		-	17, 2019, by the following vote: Yeas 23, Nays 8.
130		-	______________________________
131		-	Secretary of the Senate
132		-	APPROVED: _____________________
133		-	Date
134		-	_____________________
135		-	Governor
	127	+	* * * * *