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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a county or the Department of Public |
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Safety of the State of Texas to enforce compliance with posted speed |
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limits by an automated traffic control system. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 542.2035, Transportation Code, is |
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amended to read as follows: |
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Sec. 542.2035. LIMITATION ON MUNICIPALITIES AND COUNTIES. |
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(a) A municipality or county may not implement or operate an |
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automated traffic control system with respect to a highway or |
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street under its jurisdiction for the purpose of enforcing |
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compliance with posted speed limits. The attorney general shall |
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enforce this subsection. |
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(b) In this section, "automated traffic control system" |
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means a photographic device, radar device, laser device, or other |
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electrical or mechanical device designed to: |
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(1) record the speed of a motor vehicle; and |
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(2) obtain one or more photographs or other recorded |
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images of: |
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(A) the vehicle; |
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(B) the license plate attached to the vehicle; or |
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(C) the operator of the vehicle. |
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SECTION 2. Subchapter B, Chapter 542, Transportation Code, |
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is amended by adding Section 542.207 to read as follows: |
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Sec. 542.207. LIMITATION ON DEPARTMENT. (a) In this |
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section, "automated traffic control system" has the meaning |
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assigned by Section 542.2035. |
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(b) The department may not implement or operate an automated |
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traffic control system for the purpose of enforcing compliance with |
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posted speed limits. The attorney general shall enforce this |
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section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |