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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of traffic surveillance 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 SURVEILLANCE [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) "Traffic surveillance [Photographic traffic
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signal enforcement] 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) used for the purpose [(B) is
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capable] of producing [at least two] recorded images that depict |
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the operator of a motor vehicle or the license plate attached to the |
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front or the rear of a motor vehicle that is not being operated in |
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compliance with the 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 used for the purpose of producing a photograph, |
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microphotograph, videotape, or other recorded image of the operator |
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of a motor vehicle or the license plate attached to the front or the |
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rear of a motor vehicle; or |
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(b) a device that is used for the |
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purpose of reading a license plate attached to the front or the rear |
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of a motor vehicle or otherwise identifying a motor vehicle; or |
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(B) is used for the purpose of taking |
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photographic, electronic, video, or digital images of vehicles that |
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pass a bus. |
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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 Sections 707.0015 and 707.0016 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 traffic surveillance system that is used for the |
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purpose of collecting or enforcing tolls. |
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Sec. 707.0016. LAW ENFORCEMENT USE EXCEPTED. This chapter |
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does not apply to a traffic surveillance system that is: |
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(1) used to monitor traffic offenses; |
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(2) handheld or mounted on a law enforcement vehicle; |
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and |
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(3) actively operated and monitored on site by a law |
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enforcement officer. |
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SECTION 4. 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. TRAFFIC SURVEILLANCE SYSTEM PROHIBITED. (a) |
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Notwithstanding any other law, and except as provided by Sections |
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707.0015 and 707.0016, a county, a municipality, a school district, |
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a governmental agency that provides services to a school district, |
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an intermediate educational agency, or another local entity |
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authorized to enact traffic laws under the laws of this state may |
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not implement or operate a traffic surveillance system with respect |
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to a highway or street under the jurisdiction of the entity. |
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(b) The attorney general shall enforce this section. |
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Sec. 707.021. USE OF EVIDENCE FROM TRAFFIC SURVEILLANCE |
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SYSTEM PROHIBITED. Notwithstanding any other law, and except as |
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provided by Sections 707.0015 and 707.0016, the state, a school |
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district, a governmental agency that provides services to a school |
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district, an intermediate educational agency, or another political |
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subdivision of the state 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 traffic surveillance 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 [Sections 542.406 and 707.008, Transportation
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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 laws are repealed: |
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(1) Section 29.003(g), Government Code; |
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(2) Sections 542.2035, 542.405, 542.406, and 544.012, |
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Transportation Code; and |
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(3) Sections 707.001(1) and (2), 707.002, 707.0021, |
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707.003, 707.004, 707.005, 707.006, 707.007, 707.008, 707.009, |
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707.010, 707.011, 707.012, 707.013, 707.014, 707.015, 707.016, |
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707.017, 707.018, and 707.019, Transportation Code. |
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SECTION 9. (a) The repeal by this Act of Sections 542.405 |
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and 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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(b) Notwithstanding the repeal by this Act of Sections |
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542.405 and 542.406, Transportation Code, and provisions of Chapter |
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707, Transportation Code, if before June 1, 2019, a local authority |
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had enacted an ordinance under those provisions to implement a |
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photographic traffic signal enforcement system and entered into a |
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contract for 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 June 1, 2019; and |
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(2) beginning June 1, 2019, the local authority shall |
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send all revenue derived from civil or administrative penalties |
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collected by the local authority under that ordinance to the |
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comptroller for deposit to the credit of the designated trauma |
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facility and emergency medical services account established under |
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Section 780.003, Health and Safety Code. |
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(c) Subsection (b) 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 June 1, 2019, |
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that explicitly authorizes termination of the contract on the basis |
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of adverse state legislation. |
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SECTION 10. 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, 2019. |