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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of automated traffic control systems by local |
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authorities and law enforcement agencies. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 542.2035, Transportation Code, is |
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amended to read as follows: |
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Sec. 542.2035. LIMITATION ON LOCAL AUTHORITIES AND LAW |
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ENFORCEMENT AGENCIES [MUNICIPALITIES]. (a) Except as provided by |
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Subsection (b), a local authority or law enforcement agency [A |
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municipality] may not implement or operate an automated traffic |
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control system with respect to a highway or street under its |
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jurisdiction for the purpose of enforcing compliance with traffic |
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laws [posted speed limits]. The attorney general shall enforce |
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this subsection. |
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(b) Notwithstanding Subsection (a), and subject to |
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Subsection (c), a local authority or law enforcement agency may |
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implement or operate an automated traffic control system with |
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respect to a highway or street under its jurisdiction for the |
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purpose of enforcing compliance with traffic laws, including posted |
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speed limits, in a construction or maintenance work zone. A local |
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authority or law enforcement agency that implements or operates an |
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automated traffic control system under this subsection shall adopt |
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policies requiring the prompt deletion of data produced by that |
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system that is not related to an active criminal or civil |
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investigation or proceeding. |
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(c) A local authority or law enforcement agency may issue a |
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citation for a violation of a traffic law detected using an |
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automated traffic control system under Subsection (b) only if: |
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(1) the citation is issued by a peace officer at the |
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time of the violation; and |
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(2) signs that comply with the requirements of |
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Subsection (d) are posted at the time of the violation. |
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(d) A local authority or law enforcement agency that |
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implements or operates an automated traffic control system for the |
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purpose of enforcing traffic laws in a construction or maintenance |
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work zone under Subsection (b) shall post clear and conspicuous |
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signs at least 100 feet from the beginning of the construction or |
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maintenance work zone that: |
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(1) indicate an automated traffic control system is |
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actively being used to monitor motor vehicles in the construction |
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or maintenance work zone; and |
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(2) conform to the manual and specifications adopted |
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under Section 544.001. |
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(e) In this section:[,] |
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(1) "Automated [automated] traffic control system" |
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means a photographic device, radar device, laser device, or other |
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electrical or mechanical device designed to: |
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(A) [(1)] record the speed of a motor vehicle; |
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and |
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(B) [(2)] obtain one or more photographs or other |
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recorded images of: |
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(i) [(A)] the vehicle; |
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(ii) [(B)] the license plate attached to |
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the vehicle; or |
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(iii) [(C)] the operator of the vehicle. |
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(2) "Construction or maintenance work zone" has the |
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meaning assigned by Section 472.022. |
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(3) "Law enforcement agency" has the meaning assigned |
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by Article 2B.0053, Code of Criminal Procedure. |
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(4) "Traffic law" has the meaning assigned by Section |
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702.001. |
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SECTION 2. Chapter 707, Transportation Code, is amended by |
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adding Section 707.022 to read as follows: |
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Sec. 707.022. CONSTRUCTION OR MAINTENANCE WORK ZONE |
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EXCEPTION. This chapter does not apply to an automated traffic |
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control system, as defined by Section 542.2035, that is authorized |
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by Section 542.2035(b). |
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SECTION 3. This Act takes effect September 1, 2025. |