| 1 | 2 | | By: Canales H.B. No. 3309 |
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| 2 | 3 | | |
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| 3 | 4 | | |
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| 4 | 5 | | |
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| 5 | 6 | | |
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| 6 | 7 | | A BILL TO BE ENTITLED |
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| 7 | 8 | | AN ACT |
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| 8 | 9 | | relating to the use of automated traffic control systems by local |
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| 9 | 10 | | authorities and law enforcement agencies. |
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| 10 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 12 | | SECTION 1. Section 542.2035, Transportation Code, is |
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| 12 | 13 | | amended to read as follows: |
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| 13 | 14 | | Sec. 542.2035. LIMITATION ON LOCAL AUTHORITIES AND LAW |
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| 14 | 15 | | ENFORCEMENT AGENCIES [MUNICIPALITIES]. (a) Except as provided by |
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| 15 | 16 | | Subsection (b), a local authority or law enforcement agency [A |
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| 16 | 17 | | municipality] may not implement or operate an automated traffic |
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| 17 | 18 | | control system with respect to a highway or street under its |
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| 18 | 19 | | jurisdiction for the purpose of enforcing compliance with traffic |
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| 19 | 20 | | laws [posted speed limits]. The attorney general shall enforce |
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| 20 | 21 | | this subsection. |
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| 21 | 22 | | (b) Notwithstanding Subsection (a), and subject to |
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| 22 | 23 | | Subsection (c), a local authority or law enforcement agency may |
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| 23 | 24 | | implement or operate an automated traffic control system with |
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| 24 | 25 | | respect to a highway or street under its jurisdiction for the |
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| 25 | 26 | | purpose of enforcing compliance with traffic laws, including posted |
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| 26 | 27 | | speed limits, in a construction or maintenance work zone. A local |
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| 27 | 28 | | authority or law enforcement agency that implements or operates an |
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| 28 | 29 | | automated traffic control system under this subsection shall adopt |
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| 29 | 30 | | policies requiring the prompt deletion of data produced by that |
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| 30 | 31 | | system that is not related to an active criminal or civil |
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| 31 | 32 | | investigation or proceeding. |
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| 32 | 33 | | (c) A local authority or law enforcement agency may issue a |
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| 33 | 34 | | citation for a violation of a traffic law detected using an |
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| 34 | 35 | | automated traffic control system under Subsection (b) only if: |
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| 35 | 36 | | (1) the citation is issued by a peace officer at the |
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| 36 | 37 | | time of the violation; and |
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| 37 | 38 | | (2) signs that comply with the requirements of |
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| 38 | 39 | | Subsection (d) are posted at the time of the violation. |
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| 43 | 41 | | implements or operates an automated traffic control system for the |
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| 44 | 42 | | purpose of enforcing traffic laws in a construction or maintenance |
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| 45 | 43 | | work zone under Subsection (b) shall post clear and conspicuous |
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| 46 | 44 | | signs at least 100 feet from the beginning of the construction or |
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| 47 | 45 | | maintenance work zone that: |
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| 48 | 46 | | (1) indicate an automated traffic control system is |
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| 49 | 47 | | actively being used to monitor motor vehicles in the construction |
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| 50 | 48 | | or maintenance work zone; and |
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| 51 | 49 | | (2) conform to the manual and specifications adopted |
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| 52 | 50 | | under Section 544.001. |
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| 54 | 52 | | (1) "Automated [automated] traffic control system" |
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| 55 | 53 | | means a photographic device, radar device, laser device, or other |
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| 56 | 54 | | electrical or mechanical device designed to: |
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| 57 | 55 | | (A) [(1)] record the speed of a motor vehicle; |
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| 58 | 56 | | and |
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| 59 | 57 | | (B) [(2)] obtain one or more photographs or other |
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| 60 | 58 | | recorded images of: |
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| 61 | 59 | | (i) [(A)] the vehicle; |
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| 62 | 60 | | (ii) [(B)] the license plate attached to |
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| 63 | 61 | | the vehicle; or |
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| 64 | 62 | | (iii) [(C)] the operator of the vehicle. |
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| 65 | 63 | | (2) "Construction or maintenance work zone" has the |
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| 66 | 64 | | meaning assigned by Section 472.022. |
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| 67 | 65 | | (3) "Law enforcement agency" has the meaning assigned |
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| 68 | 66 | | by Article 2B.0053, Code of Criminal Procedure. |
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| 69 | 67 | | (4) "Traffic law" has the meaning assigned by Section |
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| 70 | 68 | | 702.001. |
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| 71 | 69 | | SECTION 2. Chapter 707, Transportation Code, is amended by |
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| 72 | 70 | | adding Section 707.022 to read as follows: |
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| 73 | 71 | | Sec. 707.022. CONSTRUCTION OR MAINTENANCE WORK ZONE |
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| 74 | 72 | | EXCEPTION. This chapter does not apply to an automated traffic |
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| 75 | 73 | | control system, as defined by Section 542.2035, that is authorized |
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| 76 | 74 | | by Section 542.2035(b). |
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| 77 | 75 | | SECTION 3. This Act takes effect September 1, 2025. |
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