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A BILL TO BE ENTITLED
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AN ACT
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relating to prohibiting the use of photographic traffic enforcement |
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systems. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 707, Transportation Code, |
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is amended to read as follows: |
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CHAPTER 707. PHOTOGRAPHIC TRAFFIC [SIGNAL] |
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ENFORCEMENT SYSTEM PROHIBITED |
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SECTION 2. Sections 707.001(3) and (4), Transportation |
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Code, are amended to read as follows: |
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(3) "Photographic traffic [signal] enforcement |
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system" means a device or system that: |
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(A) consists of: |
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(i) a camera system and vehicle sensor that |
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are: |
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(a) installed to exclusively work in |
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conjunction with an electrically operated traffic-control signal; |
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and |
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(b) [(B) is] capable of producing [at
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least two] recorded images that depict the operator of a motor |
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vehicle or the license plate attached to the front or the rear of a |
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motor vehicle that is not being operated in compliance with the |
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instructions of the traffic-control signal; or |
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(ii) a radar unit or sensor linked to: |
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(a) a camera or other recording device |
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that is capable of producing a photograph, microphotograph, |
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videotape, or other recorded image of the operator of a motor |
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vehicle or the license plate attached to the front or the rear of a |
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motor vehicle; or |
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(b) a device that is capable of |
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reading a license plate attached to the front or the rear of a motor |
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vehicle or otherwise identifying a motor vehicle; |
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(B) is capable of taking photographic, |
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electronic, video, or digital images of vehicles that pass a bus; or |
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(C) records the speed of a motor vehicle and |
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obtains one or more photographs or other recorded images of: |
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(i) the vehicle; |
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(ii) the license plate attached to the |
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vehicle; or |
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(iii) the operator of the vehicle. |
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(4) "Recorded image" means a photographic or digital |
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image that depicts the front or the rear of a motor vehicle or the |
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operator of a motor vehicle. |
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SECTION 3. Chapter 707, Transportation Code, is amended by |
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adding Section 707.0015 to read as follows: |
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Sec. 707.0015. TOLL ENFORCEMENT EXCEPTED. This chapter |
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does not apply to a photographic traffic enforcement system that is |
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used for the purpose of collecting or enforcing tolls. |
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SECTION 4. 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. USE OF PHOTOGRAPHIC TRAFFIC ENFORCEMENT |
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SYSTEM PROHIBITED. Notwithstanding any other law, the state or a |
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political subdivision of the state, including a school district, a |
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governmental agency that provides services to a school district, or |
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an intermediate educational agency, may not issue a civil or |
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criminal charge or citation for an offense or violation based on a |
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recorded image produced by a photographic traffic enforcement |
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system. |
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SECTION 5. Section 27.031(a), Government Code, is amended |
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to read as follows: |
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(a) In addition to the jurisdiction and powers provided by |
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the constitution and other law, the justice court has original |
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jurisdiction of: |
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(1) civil matters in which exclusive jurisdiction is |
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not in the district or county court and in which the amount in |
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controversy is not more than $10,000, exclusive of interest; |
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(2) cases of forcible entry and detainer; and |
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(3) foreclosure of mortgages and enforcement of liens |
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on personal property in cases in which the amount in controversy is |
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otherwise within the justice court's jurisdiction[; and
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[(4)
cases arising under Chapter 707, Transportation
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Code, outside a municipality's territorial limits]. |
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SECTION 6. Section 780.003(b), Health and Safety Code, is |
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amended to read as follows: |
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(b) The account is composed of money deposited to the credit |
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of the account under the [Sections 542.406 and 707.008,] |
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Transportation Code[,] and under Section 780.002 of this code. |
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SECTION 7. Section 133.004, Local Government Code, as |
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amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149 |
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(S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007, |
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is reenacted and amended to read as follows: |
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Sec. 133.004. CIVIL FEES. This chapter applies to the |
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following civil fees: |
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(1) the consolidated fee on filing in district court |
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imposed under Section 133.151; |
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(2) the filing fee in district court for basic civil |
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legal services for indigents imposed under Section 133.152; |
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(3) the filing fee in courts other than district court |
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for basic civil legal services for indigents imposed under Section |
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133.153; |
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(4) the filing fees for the judicial fund imposed in |
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certain statutory county courts under Section 51.702, Government |
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Code; |
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(5) the filing fees for the judicial fund imposed in |
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certain county courts under Section 51.703, Government Code; |
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(6) the filing fees for the judicial fund imposed in |
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statutory probate courts under Section 51.704, Government Code; |
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(7) fees collected under Section 118.015; |
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(8) marriage license fees for the family trust fund |
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collected under Section 118.018; |
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(9) marriage license or declaration of informal |
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marriage fees for the child abuse and neglect prevention trust fund |
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account collected under Section 118.022; and |
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(10) the filing fee for the judicial fund imposed in |
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district court, statutory county court, and county court under |
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Section 133.154[; and
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[(11)
the portion of the civil or administrative
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penalty described by Section 542.406(c)(1), Transportation Code,
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imposed by a local authority to enforce compliance with the
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instructions of a traffic-control signal;
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[(11)
the portion of the civil or administrative
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penalty described by Section 707.008(a)(1), Transportation Code,
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imposed by a local authority to enforce compliance with the
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instructions of a traffic-control signal]. |
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SECTION 8. The following are repealed: |
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(1) Section 29.003(g), Government Code; |
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(2) Sections 542.202(b)(3), 542.2035, 542.405, |
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542.406, and 544.012, Transportation Code; and |
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(3) Sections 707.002, 707.0021, 707.003, 707.004, |
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707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011, |
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707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and |
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707.019, Transportation Code. |
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SECTION 9. The repeal by this Act of Sections 542.405 and |
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542.406, Transportation Code, and provisions of Chapter 707, |
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Transportation Code, does not affect the validity of a proceeding |
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initiated or a civil penalty imposed under those provisions before |
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the effective date of this Act. A proceeding initiated or a civil |
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penalty imposed under those provisions before the effective date of |
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this Act is governed by the applicable law in effect before the |
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effective date of this Act, and the former law is continued in |
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effect for that purpose. |
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SECTION 10. If any provision of this Act or its application |
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to any person or circumstance is held invalid, the invalidity does |
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not affect other provisions or applications of this Act that can be |
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given effect without the invalid provision or application, and the |
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provisions of this Act are severable for this purpose. |
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SECTION 11. This Act takes effect immediately if it |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this Act takes effect September 1, 2017. |