Texas 2019 - 86th Regular

Texas Senate Bill SB653 Compare Versions

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1-By: Hall, et al. S.B. No. 653
2- (In the Senate - Filed February 5, 2019; March 1, 2019, read
3- first time and referred to Committee on Transportation;
4- April 24, 2019, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 6, Nays 2; April 24, 2019,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 653 By: Hinojosa
1+86R8104 AJZ-F
2+ By: Hall S.B. No. 653
93
104
115 A BILL TO BE ENTITLED
126 AN ACT
137 relating to prohibiting the use of photographic traffic signal
148 enforcement systems.
159 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1610 SECTION 1. The heading to Chapter 707, Transportation Code,
1711 is amended to read as follows:
1812 CHAPTER 707. PHOTOGRAPHIC TRAFFIC SIGNAL
1913 ENFORCEMENT SYSTEM PROHIBITED
2014 SECTION 2. Chapter 707, Transportation Code, is amended by
2115 adding Sections 707.020 and 707.021 to read as follows:
2216 Sec. 707.020. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT
2317 SYSTEM PROHIBITED. (a) Notwithstanding any other law, a local
2418 authority may not implement or operate a photographic traffic
2519 signal enforcement system with respect to a highway or street under
2620 the jurisdiction of the authority.
2721 (b) The attorney general shall enforce this section.
2822 Sec. 707.021. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC
2923 SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other
3024 law, a local authority may not issue a civil or criminal charge or
3125 citation for an offense or violation based on a recorded image
3226 produced by a photographic traffic signal enforcement system.
3327 SECTION 3. Section 27.031(a), Government Code, is amended
3428 to read as follows:
3529 (a) In addition to the jurisdiction and powers provided by
3630 the constitution and other law, the justice court has original
3731 jurisdiction of:
3832 (1) civil matters in which exclusive jurisdiction is
3933 not in the district or county court and in which the amount in
4034 controversy is not more than $10,000, exclusive of interest;
4135 (2) cases of forcible entry and detainer; and
4236 (3) foreclosure of mortgages and enforcement of liens
4337 on personal property in cases in which the amount in controversy is
4438 otherwise within the justice court's jurisdiction[; and
4539 [(4) cases arising under Chapter 707, Transportation
4640 Code, outside a municipality's territorial limits].
4741 SECTION 4. Section 780.003(b), Health and Safety Code, is
4842 amended to read as follows:
4943 (b) The account is composed of money deposited to the credit
5044 of the account under the [Sections 542.406 and 707.008,]
5145 Transportation Code[,] and under Section 780.002 of this code.
5246 SECTION 5. Section 133.004, Local Government Code, as
5347 amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
5448 (S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
5549 is reenacted and amended to read as follows:
5650 Sec. 133.004. CIVIL FEES. This chapter applies to the
5751 following civil fees:
5852 (1) the consolidated fee on filing in district court
5953 imposed under Section 133.151;
6054 (2) the filing fee in district court for basic civil
6155 legal services for indigents imposed under Section 133.152;
6256 (3) the filing fee in courts other than district court
6357 for basic civil legal services for indigents imposed under Section
6458 133.153;
6559 (4) the filing fees for the judicial fund imposed in
6660 certain statutory county courts under Section 51.702, Government
6761 Code;
6862 (5) the filing fees for the judicial fund imposed in
6963 certain county courts under Section 51.703, Government Code;
7064 (6) the filing fees for the judicial fund imposed in
7165 statutory probate courts under Section 51.704, Government Code;
7266 (7) fees collected under Section 118.015;
7367 (8) marriage license fees for the family trust fund
7468 collected under Section 118.018;
7569 (9) marriage license or declaration of informal
7670 marriage fees for the child abuse and neglect prevention trust fund
7771 account collected under Section 118.022; and
7872 (10) the filing fee for the judicial fund imposed in
7973 district court, statutory county court, and county court under
8074 Section 133.154[; and
8175 [(11) the portion of the civil or administrative
8276 penalty described by Section 542.406(c)(1), Transportation Code,
8377 imposed by a local authority to enforce compliance with the
8478 instructions of a traffic-control signal;
8579 [(11) the portion of the civil or administrative
8680 penalty described by Section 707.008(a)(1), Transportation Code,
8781 imposed by a local authority to enforce compliance with the
8882 instructions of a traffic-control signal].
8983 SECTION 6. The following are repealed:
9084 (1) Section 29.003(g), Government Code;
9185 (2) Sections 542.405, 542.406, and 544.012,
9286 Transportation Code; and
9387 (3) Sections 707.001(2), 707.002, 707.0021, 707.003,
9488 707.004, 707.005, 707.006, 707.007, 707.008, 707.009, 707.010,
9589 707.011, 707.012, 707.013, 707.014, 707.015, 707.016, 707.017,
9690 707.018, and 707.019, Transportation Code.
97- SECTION 7. The Texas Department of Transportation is
98- required to implement a provision of this Act only if the
99- legislature appropriates money specifically for that purpose. If
100- the legislature does not appropriate money specifically for that
101- purpose, the department may, but is not required to, implement a
102- provision of this Act using other appropriations available for that
103- purpose.
104- SECTION 8. This Act takes effect immediately if it receives
91+ SECTION 7. This Act takes effect immediately if it receives
10592 a vote of two-thirds of all the members elected to each house, as
10693 provided by Section 39, Article III, Texas Constitution. If this
10794 Act does not receive the vote necessary for immediate effect, this
10895 Act takes effect September 1, 2019.
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