| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to requiring a referendum regarding the use of |
|
|
photographic traffic signal enforcement systems. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 707, Transportation Code, is amended by |
|
|
adding Section 707.020 to read as follows: |
|
|
Sec. 707.020. REFERENDUM FOR PHOTOGRAPHIC TRAFFIC SIGNAL |
|
|
ENFORCEMENT SYSTEM. (a) Before a local authority may operate a |
|
|
photographic traffic signal enforcement system at a location in the |
|
|
authority's jurisdiction, the local authority must hold a |
|
|
referendum on whether the local authority may operate a |
|
|
photographic traffic signal enforcement system at that location. At |
|
|
the election the ballots shall be printed to permit voting for or |
|
|
against the following proposition: "The operation of a photographic |
|
|
traffic signal enforcement system by (name of local authority)." |
|
|
The ballot must contain a description of each location where a |
|
|
photographic traffic signal enforcement system would be located. |
|
|
(b) If a majority of the votes cast are in favor of the |
|
|
proposition, the local authority may operate a photographic traffic |
|
|
signal enforcement system at each location described on the ballot. |
|
|
If less than a majority of the votes cast are in favor of the |
|
|
proposition, the local authority may not operate a photographic |
|
|
traffic signal enforcement system at any location described on the |
|
|
ballot. |
|
|
(c) A subsequent referendum under this section: |
|
|
(1) may be held more than once; |
|
|
(2) may authorize operation of the system at |
|
|
additional locations; |
|
|
(3) is held in the same manner as the initial |
|
|
referendum; and |
|
|
(4) may not be held before the second anniversary of an |
|
|
election previously held under this section. |
|
|
SECTION 2. (a) A local authority, as defined by Section |
|
|
707.001, Transportation Code, that operates a photographic traffic |
|
|
signal enforcement system, as defined by Section 707.001, |
|
|
Transportation Code, on the effective date of this Act shall hold |
|
|
the referendum required by Section 707.020, Transportation Code, as |
|
|
added by this Act, on the first uniform election date that occurs |
|
|
after the effective date of this Act on whether the local authority |
|
|
may continue to operate the system. |
|
|
(b) A local authority described by Subsection (a) of this |
|
|
section may not operate a photographic traffic signal enforcement |
|
|
system at a location other than the locations in place on the |
|
|
effective date of this Act unless approved at a referendum held |
|
|
under Section 707.020, Transportation Code, as added by this Act. |
|
|
(c) A local authority that fails to authorize a photographic |
|
|
traffic signal enforcement system under a referendum held under |
|
|
Subsection (a) of this section that has entered into a contract for |
|
|
the administration and enforcement of the system before the |
|
|
effective date of this Act may continue to operate the system under |
|
|
the terms of that contract until the expiration date specified in |
|
|
the contract as the contract existed on the effective date of this |
|
|
Act. |
|
|
(d) Subsection (c) of this section does not apply to a |
|
|
contract for the administration and enforcement of a photographic |
|
|
traffic signal enforcement system entered into before the effective |
|
|
date of this Act that explicitly authorizes termination of the |
|
|
contract on the basis of adverse state legislation. |
|
|
(e) On or after the effective date of this Act and before the |
|
|
date of a referendum held under Subsection (a) of this section, a |
|
|
local authority described by Subsection (a) of this section may not |
|
|
enter into a new contract for the administration and enforcement of |
|
|
a photographic traffic signal enforcement system, extend an |
|
|
existing contract for the administration and enforcement of a |
|
|
photographic traffic signal enforcement system, or relocate an |
|
|
existing photographic traffic signal enforcement system. |
|
|
SECTION 3. 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, 2017. |