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