By: Truitt (Senate Sponsor - Carona) H.B. No. 922

(In the Senate - Received from the House May 3, 2007; May 7, 2007, read first time and referred to Committee on Criminal Justice; May 16, 2007, reported favorably by the following vote: Yeas 5, Nays 1; May 16, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to the power of a municipality to enforce compliance with speed limits by an automated traffic control system.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 542, Transportation Code, is amended by adding Section 542.2035 to read as follows:

Sec. 542.2035. LIMITATION ON MUNICIPALITIES. (a) A municipality may not implement or operate an automated traffic control system with respect to a highway or street under its jurisdiction for the purpose of enforcing compliance with posted speed limits. The attorney general shall enforce this subsection.

(b) In this section, "automated traffic control system" means a photographic device, radar device, laser device, or other electrical or mechanical device designed to:

(1) record the speed of a motor vehicle; and

(2) obtain one or more photographs or other recorded images of:

(A) the vehicle;

(B) the license plate attached to the vehicle; or

(C) the operator of the vehicle.

SECTION 2. 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, 2007.

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