Texas 2019 - 86th Regular

Texas House Bill HB4484 Compare Versions

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11 86R11147 AJZ-F
22 By: Wray H.B. No. 4484
33
44
55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to prohibiting the use of photographic traffic signal
88 enforcement systems.
99 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1010 SECTION 1. The heading to Chapter 707, Transportation Code,
1111 is amended to read as follows:
1212 CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
1313 ENFORCEMENT SYSTEM PROHIBITED
1414 SECTION 2. Chapter 707, Transportation Code, is amended by
1515 adding Sections 707.020, 707.021, and 707.022 to read as follows:
1616 Sec. 707.020. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
1717 SYSTEM PROHIBITED. (a) Notwithstanding any other law, a local
1818 authority may not implement or operate a photographic traffic
1919 signal enforcement system with respect to a highway or street under
2020 the jurisdiction of the authority.
2121 (b) The attorney general shall enforce this section.
2222 Sec. 707.021. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
2323 SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
2424 law, a local authority may not issue a civil or criminal charge or
2525 citation for an offense or violation based on a recorded image
2626 produced by a photographic traffic signal enforcement system.
2727 Sec. 707.022. SCHOOL BUS USE EXCEPTED. This chapter does
2828 not apply to a photographic traffic signal enforcement system that
2929 is capable of taking photographic or digital images of vehicles
3030 that pass a school bus if:
3131 (1) the system is used only for the prosecution of a
3232 criminal offense; and
3333 (2) a person who is cited for a criminal offense as a
3434 result of evidence obtained by the system is authorized to contest
3535 the citation in court.
3636 SECTION 3. Section 27.031(a), Government Code, is amended
3737 to read as follows:
3838 (a) In addition to the jurisdiction and powers provided by
3939 the constitution and other law, the justice court has original
4040 jurisdiction of:
4141 (1) civil matters in which exclusive jurisdiction is
4242 not in the district or county court and in which the amount in
4343 controversy is not more than $10,000, exclusive of interest;
4444 (2) cases of forcible entry and detainer; and
4545 (3) foreclosure of mortgages and enforcement of liens
4646 on personal property in cases in which the amount in controversy is
4747 otherwise within the justice court's jurisdiction[; and
4848 [(4) cases arising under Chapter 707, Transportation
4949 Code, outside a municipality's territorial limits].
5050 SECTION 4. Section 780.003(b), Health and Safety Code, is
5151 amended to read as follows:
5252 (b) The account is composed of money deposited to the credit
5353 of the account under the [Sections 542.406 and 707.008,]
5454 Transportation Code[,] and under Section 780.002 of this code.
5555 SECTION 5. Section 133.004, Local Government Code, as
5656 amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
5757 (S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
5858 is reenacted and amended to read as follows:
5959 Sec. 133.004. CIVIL FEES. This chapter applies to the
6060 following civil fees:
6161 (1) the consolidated fee on filing in district court
6262 imposed under Section 133.151;
6363 (2) the filing fee in district court for basic civil
6464 legal services for indigents imposed under Section 133.152;
6565 (3) the filing fee in courts other than district court
6666 for basic civil legal services for indigents imposed under Section
6767 133.153;
6868 (4) the filing fees for the judicial fund imposed in
6969 certain statutory county courts under Section 51.702, Government
7070 Code;
7171 (5) the filing fees for the judicial fund imposed in
7272 certain county courts under Section 51.703, Government Code;
7373 (6) the filing fees for the judicial fund imposed in
7474 statutory probate courts under Section 51.704, Government Code;
7575 (7) fees collected under Section 118.015;
7676 (8) marriage license fees for the family trust fund
7777 collected under Section 118.018;
7878 (9) marriage license or declaration of informal
7979 marriage fees for the child abuse and neglect prevention trust fund
8080 account collected under Section 118.022; and
8181 (10) the filing fee for the judicial fund imposed in
8282 district court, statutory county court, and county court under
8383 Section 133.154[; and
8484 [(11) the portion of the civil or administrative
8585 penalty described by Section 542.406(c)(1), Transportation Code,
8686 imposed by a local authority to enforce compliance with the
8787 instructions of a traffic-control signal;
8888 [(11) the portion of the civil or administrative
8989 penalty described by Section 707.008(a)(1), Transportation Code,
9090 imposed by a local authority to enforce compliance with the
9191 instructions of a traffic-control signal].
9292 SECTION 6. The following are repealed:
9393 (1) Section 29.003(g), Government Code;
9494 (2) Sections 542.405, 542.406, and 544.012,
9595 Transportation Code; and
9696 (3) Sections 707.001(2), 707.002, 707.0021, 707.003,
9797 707.004, 707.005, 707.006, 707.007, 707.008, 707.009, 707.010,
9898 707.011, 707.012, 707.013, 707.014, 707.015, 707.016, 707.017,
9999 707.018, and 707.019, Transportation Code.
100100 SECTION 7. This Act takes effect immediately if it receives
101101 a vote of two-thirds of all the members elected to each house, as
102102 provided by Section 39, Article III, Texas Constitution. If this
103103 Act does not receive the vote necessary for immediate effect, this
104104 Act takes effect September 1, 2019.