86R1650 AJZ-F
By: Thompson of Brazoria H.B. No. 262
A BILL TO BE ENTITLED
AN ACT
relating to the authority of the governing body of a local authority
to operate an automated traffic control system; providing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 542.2035, Transportation Code, is
amended to read as follows:
Sec. 542.2035. AUTOMATED TRAFFIC CONTROL SYSTEMS
PROHIBITED [LIMITATION ON MUNICIPALITIES]. (a) A local authority
[municipality] may not implement or operate an automated traffic
control system with respect to a highway or street under its
jurisdiction [for the purpose of enforcing compliance with posted
speed limits]. The attorney general shall enforce this subsection.
(b) In this section, "automated traffic control system"
means a system consisting of a photographic device, radar device,
laser device, or other electrical or mechanical device that
[designed to]:
(1) is capable of producing one or more recorded
photographic or digital images depicting the license plate attached
to the front or rear of a motor vehicle that is not operated in
compliance with a posted speed limit or the instructions of a
traffic-control signal; and
(2) is used by the local authority to enforce
compliance with a posted speed limit or the instructions of a
traffic-control signal by imposition of a civil or administrative
penalty against the owner or operator of the motor vehicle [record
the speed of a motor vehicle; and
[(2) obtain one or more photographs or other recorded
images of:
[(A) the vehicle;
[(B) the license plate attached to the vehicle;
or
[(C) the operator of the vehicle].
(c) A local authority that violates Subsection (a) is liable
for a civil penalty of:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $10,000 and not more than $10,500 for
the second or a subsequent violation.
(d) Each day of a continuing violation of Subsection (a)
constitutes a separate violation.
(e) A citizen of this state may file a complaint with the
attorney general that a local authority is in violation of
Subsection (a). A complaint filed under this subsection must
include:
(1) evidence of the violation;
(2) evidence that the citizen provided the local
authority written notice that described the violation, including
the specific location of the automated traffic control system;
(3) a copy of the written notice the citizen provided
the local authority; and
(4) evidence that the local authority did not cure the
violation before the fourth business day after the date the local
authority received the notice.
(f) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the designated
trauma facility and emergency medical services account under
Section 780.003, Health and Safety Code.
(g) Before a suit may be brought against a local authority
for a violation of Subsection (a), the attorney general must
investigate the complaint to determine whether legal action is
warranted. If legal action is warranted, the attorney general must
give the chief administrative officer of the local authority
charged with the violation a written notice that:
(1) describes the violation and specific location of
the automated traffic control system found to be in violation;
(2) states the amount of the proposed penalty for the
violation; and
(3) gives the local authority 15 days from receipt of
the notice to remove the automated traffic control system and cure
the violation to avoid the penalty, unless the local authority was
found liable by a court for previously violating Subsection (a).
(h) If the attorney general determines that legal action is
warranted and that the local authority has not cured the violation
within the 15-day period provided by Subsection (g)(3), the
attorney general or the appropriate county or district attorney may
sue to collect the civil penalty provided by Subsection (c). The
attorney general may also file a petition for a writ of mandamus or
apply for other appropriate equitable relief. A suit or petition
under this subsection may be filed in a district court in Travis
County or in a county in which the principal office of the local
authority is located. The attorney general may recover reasonable
expenses incurred in obtaining relief under this subsection,
including court costs, reasonable attorney's fees, investigative
costs, witness fees, and deposition costs.
(i) Sovereign immunity to suit is waived and abolished to
the extent of liability created by this section.
SECTION 2. Section 27.031(a), Government Code, is amended
to read as follows:
(a) In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
(1) civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $10,000, exclusive of interest;
(2) cases of forcible entry and detainer; and
(3) foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction[; and
[(4) cases arising under Chapter 707, Transportation
Code, outside a municipality's territorial limits].
SECTION 3. Section 780.003(b), Health and Safety Code, is
amended to read as follows:
(b) The account is composed of money deposited to the credit
of the account under Section 542.2035 [Sections 542.406 and
707.008], Transportation Code, and under Section 780.002 of this
code.
SECTION 4. Section 133.004, Local Government Code, as
amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted and amended to read as follows:
Sec. 133.004. CIVIL FEES. This chapter applies to the
following civil fees:
(1) the consolidated fee on filing in district court
imposed under Section 133.151;
(2) the filing fee in district court for basic civil
legal services for indigents imposed under Section 133.152;
(3) the filing fee in courts other than district court
for basic civil legal services for indigents imposed under Section
133.153;
(4) the filing fees for the judicial fund imposed in
certain statutory county courts under Section 51.702, Government
Code;
(5) the filing fees for the judicial fund imposed in
certain county courts under Section 51.703, Government Code;
(6) the filing fees for the judicial fund imposed in
[certain] statutory probate courts under Section 51.704,
Government Code;
(7) fees collected under Section 118.015;
(8) marriage license fees for the family trust fund
collected under Section 118.018;
(9) marriage license or declaration of informal
marriage fees for the child abuse and neglect prevention trust fund
account collected under Section 118.022; and
(10) the filing fee for the judicial fund imposed in
district court, statutory county court, and county court under
Section 133.154[; and
[(11) the portion of the civil or administrative
penalty described by Section 542.406(c)(1), Transportation Code,
imposed by a local authority to enforce compliance with the
instructions of a traffic-control signal
[(11) the portion of the civil or administrative
penalty described by Section 707.008(a)(1), Transportation Code,
imposed by a local authority to enforce compliance with the
instructions of a traffic-control signal].
SECTION 5. The following laws are repealed:
(1) Section 29.003(g), Government Code;
(2) Sections 542.405, 542.406, and 544.012,
Transportation Code; and
(3) Chapter 707, Transportation Code.
SECTION 6. (a) The repeal by this Act of Sections 542.405
and 542.406 and Chapter 707, Transportation Code, does not affect
the validity of a proceeding initiated or a civil penalty imposed
under those provisions before the effective date of this Act. A
proceeding initiated or a civil penalty imposed under those
provisions before the effective date of this Act is governed by the
applicable law in effect before the effective date of this Act, and
the former law is continued in effect for that purpose.
(b) Notwithstanding the repeal by this Act of Sections
542.405 and 542.406 and Chapter 707, Transportation Code, if before
the effective date of this Act a local authority enacted an
ordinance under those provisions to implement an automated traffic
control system and entered into a contract for the administration
and enforcement of the system, the local authority may continue to
operate the system under that ordinance and under the terms of that
contract until the expiration date specified in the contract as the
contract existed on the effective date of this Act.
(c) Subsection (b) of this section does not apply to a
contract for the administration and enforcement of an automated
traffic control system entered into before the effective date of
this Act that explicitly authorizes termination of the contract on
the basis of adverse state legislation.
SECTION 7. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2019.