Texas 2019 - 86th Regular

Texas Senate Bill SB77 Compare Versions

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

Old	New	Differences
1	1	86R1666 AJZ-F
2	2	By: Hall S.B. No. 77
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of information from traffic surveillance
8	8	technology by governmental entities.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Subtitle I, Title 7, Transportation Code, is
11	11	amended by adding Chapter 709 to read as follows:
12	12	CHAPTER 709. TRAFFIC SURVEILLANCE
13	13	Sec. 709.001. DEFINITION. In this chapter, "traffic
14	14	surveillance technology" means technology that:
15	15	(1) records a photographic or digital image of a motor
16	16	vehicle operator or license plate; or
17	17	(2) automatically reads a motor vehicle license plate.
18	18	Sec. 709.002. USE OF INFORMATION FROM TRAFFIC SURVEILLANCE
19	19	TECHNOLOGY PROHIBITED. (a) Except as otherwise provided by this
20	20	chapter, a governmental entity may not use information from traffic
21	21	surveillance technology for any purpose, including the issuance of
22	22	a civil or criminal charge or citation for an offense or violation
23	23	based on a recorded image or reading produced by traffic
24	24	surveillance technology.
25	25	(b) The attorney general shall enforce this section.
26	26	Sec. 709.003. TOLL ENFORCEMENT EXCEPTION. Section 709.002
27	27	does not apply to the use of traffic surveillance technology
28	28	information for the purpose of collecting or enforcing tolls.
29	29	Sec. 709.004. CRIMINAL CITATION EXCEPTION: TRAFFIC
30	30	MONITORING BY LAW ENFORCEMENT OFFICER. Section 709.002 does not
31	31	apply to the use of information for the issuance of a criminal
32	32	citation if:
33	33	(1) the information is from traffic surveillance
34	34	technology that is:
35	35	(A) used to monitor traffic offenses;
36	36	(B) handheld by a law enforcement officer or
37	37	mounted on a law enforcement vehicle; and
38	38	(C) actively operated and monitored on site by a
39	39	law enforcement officer; and
40	40	(2) the citation is issued in person by a law
41	41	enforcement officer at the time the offense was alleged to have been
42	42	committed.
43	43	Sec. 709.005. CRIMINAL CITATION EXCEPTION: SCHOOL BUS
44	44	CAMERAS. Section 709.002 does not apply to the use of information
45	45	from traffic surveillance technology that captures images of
46	46	vehicles that pass a school bus if:
47	47	(1) the information is used only for the prosecution
48	48	of an offense; and
49	49	(2) the person who is cited for the offense is
50	50	authorized to contest the citation in court.
51	51	SECTION 2. Section 27.031(a), Government Code, is amended
52	52	to read as follows:
53	53	(a) In addition to the jurisdiction and powers provided by
54	54	the constitution and other law, the justice court has original
55	55	jurisdiction of:
56	56	(1) civil matters in which exclusive jurisdiction is
57	57	not in the district or county court and in which the amount in
58	58	controversy is not more than $10,000, exclusive of interest;
59	59	(2) cases of forcible entry and detainer; and
60	60	(3) foreclosure of mortgages and enforcement of liens
61	61	on personal property in cases in which the amount in controversy is
62	62	otherwise within the justice court's jurisdiction[; and
63	63	[(4) cases arising under Chapter 707, Transportation
64	64	Code, outside a municipality's territorial limits].
65	65	SECTION 3. Section 780.003(b), Health and Safety Code, is
66	66	amended to read as follows:
67	67	(b) The account is composed of money deposited to the credit
68	68	of the account under [Sections 542.406 and 707.008, Transportation
69	69	Code, and under] Section 780.002 [of this code].
70	70	SECTION 4. Section 133.004, Local Government Code, as
71	71	amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149
72	72	(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,
73	73	is reenacted and amended to read as follows:
74	74	Sec. 133.004. CIVIL FEES. This chapter applies to the
75	75	following civil fees:
76	76	(1) the consolidated fee on filing in district court
77	77	imposed under Section 133.151;
78	78	(2) the filing fee in district court for basic civil
79	79	legal services for indigents imposed under Section 133.152;
80	80	(3) the filing fee in courts other than district court
81	81	for basic civil legal services for indigents imposed under Section
82	82	133.153;
83	83	(4) the filing fees for the judicial fund imposed in
84	84	certain statutory county courts under Section 51.702, Government
85	85	Code;
86	86	(5) the filing fees for the judicial fund imposed in
87	87	certain county courts under Section 51.703, Government Code;
88	88	(6) the filing fees for the judicial fund imposed in
89	89	[certain] statutory probate courts under Section 51.704,
90	90	Government Code;
91	91	(7) fees collected under Section 118.015;
92	92	(8) marriage license fees for the family trust fund
93	93	collected under Section 118.018;
94	94	(9) marriage license or declaration of informal
95	95	marriage fees for the child abuse and neglect prevention trust fund
96	96	account collected under Section 118.022; and
97	97	(10) the filing fee for the judicial fund imposed in
98	98	district court, statutory county court, and county court under
99	99	Section 133.154[; and
100	100	[(11) the portion of the civil or administrative
101	101	penalty described by Section 542.406(c)(1), Transportation Code,
102	102	imposed by a local authority to enforce compliance with the
103	103	instructions of a traffic-control signal
104	104	[(11) the portion of the civil or administrative
105	105	penalty described by Section 707.008(a)(1), Transportation Code,
106	106	imposed by a local authority to enforce compliance with the
107	107	instructions of a traffic-control signal].
108	108	SECTION 5. The following laws are repealed:
109	109	(1) Section 29.003(g), Government Code;
110	110	(2) Sections 542.2035, 542.405, 542.406, and 544.012,
111	111	Transportation Code; and
112	112	(3) Chapter 707, Transportation Code.
113	113	SECTION 6. (a) Chapter 709, Transportation Code, as added
114	114	by this Act, and the repeal by this Act of Sections 542.405 and
115	115	542.406 and Chapter 707, Transportation Code, do not affect the
116	116	validity of a proceeding initiated or a civil penalty imposed
117	117	before the effective date of this Act. A proceeding initiated or a
118	118	civil penalty imposed before the effective date of this Act is
119	119	governed by the applicable law in effect before the effective date
120	120	of this Act, and the former law is continued in effect for that
121	121	purpose.
122	122	(b) Notwithstanding Chapter 709, Transportation Code, as
123	123	added by this Act, and the repeal by this Act of Sections 542.405
124	124	and 542.406 and Chapter 707, Transportation Code, if before June 1,
125	125	2019, a local authority enacted an ordinance under those repealed
126	126	provisions to implement a photographic traffic signal enforcement
127	127	system and entered into a contract for the administration and
128	128	enforcement of the system:
129	129	(1) the local authority may continue to operate and
130	130	use information from the system under that ordinance and under the
131	131	terms of that contract until the expiration date specified in the
132	132	contract as the contract existed on June 1, 2019; and
133	133	(2) the contract is governed by the law in effect on
134	134	the date the contract was entered into, and the former law is
135	135	continued in effect for that purpose.
136	136	(c) Subsection (b) of this section does not apply to a
137	137	contract for the administration and enforcement of a photographic
138	138	traffic signal enforcement system entered into before June 1, 2019,
139	139	that explicitly authorizes termination of the contract on the basis
140	140	of adverse state legislation.
141	141	SECTION 7. This Act takes effect immediately if it receives
142	142	a vote of two-thirds of all the members elected to each house, as
143	143	provided by Section 39, Article III, Texas Constitution. If this
144	144	Act does not receive the vote necessary for immediate effect, this
145	145	Act takes effect September 1, 2019.