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AN ACT
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relating to prohibiting the use of photographic traffic signal |
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enforcement 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. Chapter 707, Transportation Code, is amended by |
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adding Sections 707.020 and 707.021 to read as follows: |
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Sec. 707.020. PHOTOGRAPHIC TRAFFIC SIGNAL ENFORCEMENT |
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SYSTEM PROHIBITED. (a) Notwithstanding any other law, a local |
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authority may not implement or operate a photographic traffic |
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signal enforcement system with respect to a highway or street under |
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the jurisdiction of the authority. |
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(b) The attorney general shall enforce this section. |
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Sec. 707.021. USE OF EVIDENCE FROM PHOTOGRAPHIC TRAFFIC |
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SIGNAL ENFORCEMENT SYSTEM PROHIBITED. Notwithstanding any other |
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law, a local authority may not issue a civil or criminal charge or |
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citation for an offense or violation based on a recorded image |
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produced by a photographic traffic signal enforcement system. |
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SECTION 3. 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 4. 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 5. 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 6. The following are repealed: |
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(1) Section 29.003(g), Government Code; |
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(2) Sections 542.405, 542.406, and 544.012, |
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Transportation Code; and |
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(3) Sections 707.001(2), 707.002, 707.0021, 707.003, |
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707.004, 707.005, 707.006, 707.007, 707.008, 707.009, 707.010, |
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707.011, 707.012, 707.013, 707.014, 707.015, 707.016, 707.017, |
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707.018, and 707.019, Transportation Code. |
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SECTION 7. (a) Notwithstanding any provision of this Act to |
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the contrary, if before May 7, 2019, a local authority had enacted |
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an ordinance to implement a photographic traffic signal enforcement |
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system under Sections 542.405 and 542.406, Transportation Code, or |
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Chapter 707, Transportation Code, and entered into a contract for |
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the administration and enforcement of the system: |
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(1) the local authority may continue to operate the |
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system under that ordinance and under the terms of that contract |
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until the expiration date specified in the contract as the contract |
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existed on May 7, 2019; and |
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(2) the photographic traffic signal enforcement |
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system, and any proceeding initiated or civil or administrative |
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penalty imposed after the effective date of this Act are governed by |
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the applicable law in effect immediately before the effective date |
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of this Act, and the former law is continued in effect for that |
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purpose. |
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(b) Subsection (a) 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 May 7, 2019, |
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that authorizes termination of the contract on the basis of adverse |
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state legislation. |
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(c) Neither the Texas Department of Motor Vehicles nor a |
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county assessor-collector may refuse to register a motor vehicle |
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alleged to have been involved in a violation of former Chapter 707, |
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Transportation Code, solely because the owner of the motor vehicle |
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is delinquent in the payment of a civil penalty imposed under that |
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chapter as permitted under Subsection (a) of this section. |
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SECTION 8. 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, 2019. |
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______________________________ |
______________________________ |
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President of the Senate |
Speaker of the House |
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I certify that H.B. No. 1631 was passed by the House on May 8, |
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2019, by the following vote: Yeas 109, Nays 34, 3 present, not |
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voting. |
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______________________________ |
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Chief Clerk of the House |
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I certify that H.B. No. 1631 was passed by the Senate on May |
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17, 2019, by the following vote: Yeas 23, Nays 8. |
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______________________________ |
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Secretary of the Senate |
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APPROVED: _____________________ |
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Date |
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_____________________ |
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Governor |