Texas 2019 - 86th Regular

Texas House Bill HB262 Compare Versions

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

Old	New	Differences
1	1	86R1650 AJZ-F
2	2	By: Thompson of Brazoria H.B. No. 262
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 operate an automated traffic control system; providing a civil
9	9	penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 542.2035, Transportation Code, is
12	12	amended to read as follows:
13	13	Sec. 542.2035. AUTOMATED TRAFFIC CONTROL SYSTEMS
14	14	PROHIBITED [LIMITATION ON MUNICIPALITIES]. (a) A local authority
15	15	[municipality] may not implement or operate an automated traffic
16	16	control system with respect to a highway or street under its
17	17	jurisdiction [for the purpose of enforcing compliance with posted
18	18	speed limits]. The attorney general shall enforce this subsection.
19	19	(b) In this section, "automated traffic control system"
20	20	means a system consisting of a photographic device, radar device,
21	21	laser device, or other electrical or mechanical device that
22	22	[designed to]:
23	23	(1) is capable of producing one or more recorded
24	24	photographic or digital images depicting the license plate attached
25	25	to the front or rear of a motor vehicle that is not operated in
26	26	compliance with a posted speed limit or the instructions of a
27	27	traffic-control signal; and
28	28	(2) is used by the local authority to enforce
29	29	compliance with a posted speed limit or the instructions of a
30	30	traffic-control signal by imposition of a civil or administrative
31	31	penalty against the owner or operator of the motor vehicle [record
32	32	the speed of a motor vehicle; and
33	33	[(2) obtain one or more photographs or other recorded
34	34	images of:
35	35	[(A) the vehicle;
36	36	[(B) the license plate attached to the vehicle;
37	37	or
38	38	[(C) the operator of the vehicle].
39	39	(c) A local authority that violates Subsection (a) is liable
40	40	for a civil penalty of:
41	41	(1) not less than $1,000 and not more than $1,500 for
42	42	the first violation; and
43	43	(2) not less than $10,000 and not more than $10,500 for
44	44	the second or a subsequent violation.
45	45	(d) Each day of a continuing violation of Subsection (a)
46	46	constitutes a separate violation.
47	47	(e) A citizen of this state may file a complaint with the
48	48	attorney general that a local authority is in violation of
49	49	Subsection (a). A complaint filed under this subsection must
50	50	include:
51	51	(1) evidence of the violation;
52	52	(2) evidence that the citizen provided the local
53	53	authority written notice that described the violation, including
54	54	the specific location of the automated traffic control system;
55	55	(3) a copy of the written notice the citizen provided
56	56	the local authority; and
57	57	(4) evidence that the local authority did not cure the
58	58	violation before the fourth business day after the date the local
59	59	authority received the notice.
60	60	(f) A civil penalty collected by the attorney general under
61	61	this section shall be deposited to the credit of the designated
62	62	trauma facility and emergency medical services account under
63	63	Section 780.003, Health and Safety Code.
64	64	(g) Before a suit may be brought against a local authority
65	65	for a violation of Subsection (a), the attorney general must
66	66	investigate the complaint to determine whether legal action is
67	67	warranted. If legal action is warranted, the attorney general must
68	68	give the chief administrative officer of the local authority
69	69	charged with the violation a written notice that:
70	70	(1) describes the violation and specific location of
71	71	the automated traffic control system found to be in violation;
72	72	(2) states the amount of the proposed penalty for the
73	73	violation; and
74	74	(3) gives the local authority 15 days from receipt of
75	75	the notice to remove the automated traffic control system and cure
76	76	the violation to avoid the penalty, unless the local authority was
77	77	found liable by a court for previously violating Subsection (a).
78	78	(h) If the attorney general determines that legal action is
79	79	warranted and that the local authority has not cured the violation
80	80	within the 15-day period provided by Subsection (g)(3), the
81	81	attorney general or the appropriate county or district attorney may
82	82	sue to collect the civil penalty provided by Subsection (c). The
83	83	attorney general may also file a petition for a writ of mandamus or
84	84	apply for other appropriate equitable relief. A suit or petition
85	85	under this subsection may be filed in a district court in Travis
86	86	County or in a county in which the principal office of the local
87	87	authority is located. The attorney general may recover reasonable
88	88	expenses incurred in obtaining relief under this subsection,
89	89	including court costs, reasonable attorney's fees, investigative
90	90	costs, witness fees, and deposition costs.
91	91	(i) Sovereign immunity to suit is waived and abolished to
92	92	the extent of liability created by this section.
93	93	SECTION 2. Section 27.031(a), Government Code, is amended
94	94	to read as follows:
95	95	(a) In addition to the jurisdiction and powers provided by
96	96	the constitution and other law, the justice court has original
97	97	jurisdiction of:
98	98	(1) civil matters in which exclusive jurisdiction is
99	99	not in the district or county court and in which the amount in
100	100	controversy is not more than $10,000, exclusive of interest;
101	101	(2) cases of forcible entry and detainer; and
102	102	(3) foreclosure of mortgages and enforcement of liens
103	103	on personal property in cases in which the amount in controversy is
104	104	otherwise within the justice court's jurisdiction[; and
105	105	[(4) cases arising under Chapter 707, Transportation
106	106	Code, outside a municipality's territorial limits].
107	107	SECTION 3. Section 780.003(b), Health and Safety Code, is
108	108	amended to read as follows:
109	109	(b) The account is composed of money deposited to the credit
110	110	of the account under Section 542.2035 [Sections 542.406 and
111	111	707.008], Transportation Code, and under Section 780.002 of this
112	112	code.
113	113	SECTION 4. Section 133.004, Local Government Code, as
114	114	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
115	115	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
116	116	is reenacted and amended to read as follows:
117	117	Sec. 133.004. CIVIL FEES. This chapter applies to the
118	118	following civil fees:
119	119	(1) the consolidated fee on filing in district court
120	120	imposed under Section 133.151;
121	121	(2) the filing fee in district court for basic civil
122	122	legal services for indigents imposed under Section 133.152;
123	123	(3) the filing fee in courts other than district court
124	124	for basic civil legal services for indigents imposed under Section
125	125	133.153;
126	126	(4) the filing fees for the judicial fund imposed in
127	127	certain statutory county courts under Section 51.702, Government
128	128	Code;
129	129	(5) the filing fees for the judicial fund imposed in
130	130	certain county courts under Section 51.703, Government Code;
131	131	(6) the filing fees for the judicial fund imposed in
132	132	[certain] statutory probate courts under Section 51.704,
133	133	Government Code;
134	134	(7) fees collected under Section 118.015;
135	135	(8) marriage license fees for the family trust fund
136	136	collected under Section 118.018;
137	137	(9) marriage license or declaration of informal
138	138	marriage fees for the child abuse and neglect prevention trust fund
139	139	account collected under Section 118.022; and
140	140	(10) the filing fee for the judicial fund imposed in
141	141	district court, statutory county court, and county court under
142	142	Section 133.154[; and
143	143	[(11) the portion of the civil or administrative
144	144	penalty described by Section 542.406(c)(1), Transportation Code,
145	145	imposed by a local authority to enforce compliance with the
146	146	instructions of a traffic-control signal
147	147	[(11) the portion of the civil or administrative
148	148	penalty described by Section 707.008(a)(1), Transportation Code,
149	149	imposed by a local authority to enforce compliance with the
150	150	instructions of a traffic-control signal].
151	151	SECTION 5. The following laws are repealed:
152	152	(1) Section 29.003(g), Government Code;
153	153	(2) Sections 542.405, 542.406, and 544.012,
154	154	Transportation Code; and
155	155	(3) Chapter 707, Transportation Code.
156	156	SECTION 6. (a) The repeal by this Act of Sections 542.405
157	157	and 542.406 and Chapter 707, Transportation Code, does not affect
158	158	the validity of a proceeding initiated or a civil penalty imposed
159	159	under those provisions before the effective date of this Act. A
160	160	proceeding initiated or a civil penalty imposed under those
161	161	provisions before the effective date of this Act is governed by the
162	162	applicable law in effect before the effective date of this Act, and
163	163	the former law is continued in effect for that purpose.
164	164	(b) Notwithstanding the repeal by this Act of Sections
165	165	542.405 and 542.406 and Chapter 707, Transportation Code, if before
166	166	the effective date of this Act a local authority enacted an
167	167	ordinance under those provisions to implement an automated traffic
168	168	control system and entered into a contract for the administration
169	169	and enforcement of the system, the local authority may continue to
170	170	operate the system under that ordinance and under the terms of that
171	171	contract until the expiration date specified in the contract as the
172	172	contract existed on the effective date of this Act.
173	173	(c) Subsection (b) of this section does not apply to a
174	174	contract for the administration and enforcement of an automated
175	175	traffic control system entered into before the effective date of
176	176	this Act that explicitly authorizes termination of the contract on
177	177	the basis of adverse state legislation.
178	178	SECTION 7. This Act takes effect immediately if it receives
179	179	a vote of two-thirds of all the members elected to each house, as
180	180	provided by Section 39, Article III, Texas Constitution. If this
181	181	Act does not receive the vote necessary for immediate effect, this
182	182	Act takes effect September 1, 2019.