79R2173 JD-D


By:  Isett                                                        H.B. No. 1347


A BILL TO BE ENTITLED
AN ACT
relating to the power of a local authority to enforce compliance with a traffic-control signal on a highway under its jurisdiction by a photographic traffic signal enforcement system. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Section 542.203, Transportation Code, is amended to read as follows: Sec. 542.203. LIMITATIONS [LIMITATION] ON LOCAL AUTHORITIES. SECTION 2. Section 542.203, Transportation Code, is amended by adding Subsections (d) and (e) to read as follows: (d) A local authority may not implement or operate a photographic traffic signal enforcement system with respect to a highway under its jurisdiction. The attorney general shall enforce this subsection. (e) In this section, "photographic traffic signal enforcement system" means a system that: (1) consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic-control signal; (2) is capable of producing one or more recorded photographic or digital images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal; and (3) is designed to enforce compliance with the instructions of the traffic-control signal by imposition of a civil or administrative penalty against the owner of the motor vehicle. SECTION 3. Section 542.202(b)(3), Transportation Code, is repealed. SECTION 4. 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, 2005.