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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 municipality to implement a |
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photographic traffic signal enforcement system and impose civil |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 707.002, Transportation Code, is amended |
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to read as follows: |
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Sec. 707.002. AUTHORITY TO PROVIDE FOR CIVIL PENALTY. (a) |
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Except as provided by Subsection (b), the [The] governing body of a |
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local authority by ordinance may implement a photographic traffic |
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signal enforcement system and provide that the owner of a motor |
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vehicle is liable to the local authority for a civil penalty if, |
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while facing only a steady red signal displayed by an electrically |
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operated traffic-control signal located in the local authority, the |
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vehicle is operated in violation of the instructions of that |
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traffic-control signal, as specified by Section 544.007(d). |
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(b) the governing body of a municipality may not enact an |
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ordinance described by Subsection (a) unless: |
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(1) the municipality holds an election called for the |
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purpose of authorizing the ordinance; and |
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(2) a majority of the voters approve the proposition. |
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SECTION 2. (a) A municipality that has enacted an ordinance |
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under Section 707.002, Transportation Code, on or before the |
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effective date of this Act shall hold a referendum as required by |
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that section, as amended by this Act, not later than November 8, |
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2011. |
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(b) If a majority of the voters do not approve the |
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proposition as required by Section 707.002, Transportation Code, as |
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amended by this Act, and the municipality had enacted before June 1, |
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2011, an ordinance under that section to implement a photographic |
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traffic signal enforcement system and entered into a contract for |
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the administration and enforcement of the system, the municipality |
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may continue to operate the system under that ordinance and under |
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the terms of that contract until the expiration date specified in |
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the contract as the contract existed on June 1, 2011. |
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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, 2011. |