85R1205 AJZ-F     By: Keough H.B. No. 113       A BILL TO BE ENTITLED   AN ACT   relating to the authority of the governing body of a local authority   to impose a civil penalty for certain violations recorded by an   automated traffic control system or a photographic traffic signal   enforcement system; providing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Section 542.2035, Transportation Code, is   amended to read as follows:          Sec. 542.2035.  AUTOMATED TRAFFIC CONTROL SYSTEMS   PROHIBITED [LIMITATION ON MUNICIPALITIES].  (a)  A local authority    [municipality] may not implement or operate an automated traffic   control system with respect to a highway or street under its   jurisdiction [for the purpose of enforcing compliance with posted   speed limits].  The attorney general shall enforce this subsection.          (b)  In this section, "automated traffic control system"   means a system consisting of a photographic device, radar device,   laser device, or other electrical or mechanical device that    [designed to]:                (1)  is capable of producing one or more recorded   photographic or digital images depicting the license plate attached   to the front or rear of a motor vehicle that is not operated in   compliance with a posted speed limit or the instructions of a   traffic-control signal; and                (2)  is used by the local authority to enforce   compliance with a posted speed limit or the instructions of a   traffic-control signal by imposition of a civil or administrative   penalty against the owner or operator of the motor vehicle [record   the speed of a motor vehicle; and                [(2)     obtain one or more photographs or other recorded   images of:                      [(A)  the vehicle;                      [(B)     the license plate attached to the vehicle;   or                      [(C)  the operator of the vehicle].          (c)  A local authority that violates Subsection (a) is liable   for a civil penalty of:                (1)  not less than $1,000 and not more than $1,500 for   the first violation; and                (2)  not less than $10,000 and not more than $10,500 for   the second or a subsequent violation.          (d)  Each day of a continuing violation of Subsection (a)   constitutes a separate violation.          (e)  A citizen of this state may file a complaint with the   attorney general that a local authority is in violation of   Subsection (a). A complaint filed under this subsection must   include:                (1)  evidence of the violation;                 (2)  evidence that the citizen provided the local   authority written notice that described the violation, including   the specific location of the automated traffic control system;                (3)  a copy of the written notice the citizen provided   the local authority; and                (4)  evidence that the local authority did not cure the   violation before the fourth business day after the date the local   authority received the notice.          (f)  A civil penalty collected by the attorney general under   this section shall be deposited to the credit of the designated   trauma facility and emergency medical services account under   Section 780.003, Health and Safety Code.          (g)  Before a suit may be brought against a local authority   for a violation of Subsection (a), the attorney general must   investigate the complaint to determine whether legal action is   warranted. If legal action is warranted, the attorney general must   give the chief administrative officer of the local authority   charged with the violation a written notice that:                (1)  describes the violation and specific location of   the automated traffic control system found to be in violation;                (2)  states the amount of the proposed penalty for the   violation; and                (3)  gives the local authority 15 days from receipt of   the notice to remove the automated traffic control system and cure   the violation to avoid the penalty, unless the local authority was   found liable by a court for previously violating Subsection (a).          (h)  If the attorney general determines that legal action is   warranted and that the local authority has not cured the violation   within the 15-day period provided by Subsection (g)(3), the   attorney general or the appropriate county or district attorney may   sue to collect the civil penalty provided by Subsection (c). The   attorney general may also file a petition for a writ of mandamus or   apply for other appropriate equitable relief. A suit or petition   under this subsection may be filed in a district court in Travis   County or in a county in which the principal office of the local   authority is located. The attorney general may recover reasonable   expenses incurred in obtaining relief under this subsection,   including court costs, reasonable attorney's fees, investigative   costs, witness fees, and deposition costs.          (i)  Sovereign immunity to suit is waived and abolished to   the extent of liability created by this section.          SECTION 2.  Section 27.031(a), Government Code, is amended   to read as follows:          (a)  In addition to the jurisdiction and powers provided by   the constitution and other law, the justice court has original   jurisdiction of:                (1)  civil matters in which exclusive jurisdiction is   not in the district or county court and in which the amount in   controversy is not more than $10,000, exclusive of interest;                (2)  cases of forcible entry and detainer; and                (3)  foreclosure of mortgages and enforcement of liens   on personal property in cases in which the amount in controversy is   otherwise within the justice court's jurisdiction[; and                [(4)     cases arising under Chapter 707, Transportation   Code, outside a municipality's territorial limits].          SECTION 3.  Section 780.003(b), Health and Safety Code, is   amended to read as follows:          (b)  The account is composed of money deposited to the credit   of the account under Section 542.2035 [Sections 542.406 and   707.008], Transportation Code, and under Section 780.002 of this   code.          SECTION 4.  Section 133.004, Local Government Code, as   amended by Chapters 718 (H.B. 2359), 1027 (H.B. 1623), and 1149   (S.B. 1119), Acts of the 80th Legislature, Regular Session, 2007,   is reenacted and amended to read as follows:          Sec. 133.004.  CIVIL FEES.  This chapter applies to the   following civil fees:                (1)  the consolidated fee on filing in district court   imposed under Section 133.151;                (2)  the filing fee in district court for basic civil   legal services for indigents imposed under Section 133.152;                (3)  the filing fee in courts other than district court   for basic civil legal services for indigents imposed under Section   133.153;                (4)  the filing fees for the judicial fund imposed in   certain statutory county courts under Section 51.702, Government   Code;                (5)  the filing fees for the judicial fund imposed in   certain county courts under Section 51.703, Government Code;                (6)  the filing fees for the judicial fund imposed in   [certain] statutory probate courts under Section 51.704,   Government Code;                (7)  fees collected under Section 118.015;                (8)  marriage license fees for the family trust fund   collected under Section 118.018;                (9)  marriage license or declaration of informal   marriage fees for the child abuse and neglect prevention trust fund   account collected under Section 118.022; and                (10)  the filing fee for the judicial fund imposed in   district court, statutory county court, and county court under   Section 133.154[; and                [(11)     the portion of the civil or administrative   penalty described by Section 542.406(c)(1), Transportation Code,   imposed by a local authority to enforce compliance with the   instructions of a traffic-control signal                [(11)     the portion of the civil or administrative   penalty described by Section 707.008(a)(1), Transportation Code,   imposed by a local authority to enforce compliance with the   instructions of a traffic-control signal].          SECTION 5.  The following laws are repealed:                (1)  Section 29.003(g), Government Code;                (2)  Sections 542.405, 542.406, and 544.012,   Transportation Code; and                (3)  Chapter 707, Transportation Code.          SECTION 6.  (a) The repeal by this Act of Sections 542.405   and 542.406 and Chapter 707, Transportation Code, does not affect   the validity of a proceeding initiated or a civil penalty imposed   under those provisions before the effective date of this Act. A   proceeding initiated or a civil penalty imposed under those   provisions before the effective date of this Act is governed by the   applicable law in effect before the effective date of this Act, and   the former law is continued in effect for that purpose.          (b)  Notwithstanding the repeal by this Act of Sections   542.405 and 542.406 and Chapter 707, Transportation Code, if before   the effective date of this Act a local authority enacted an   ordinance under those provisions to implement a photographic   traffic signal enforcement system and entered into a contract for   the administration and enforcement of the system, the local   authority may continue to operate the system under that ordinance   and under the terms of that contract until the expiration date   specified in the contract as the contract existed on the effective   date of this Act.          (c)  Subsection (b) of this section does not apply to a   contract for the administration and enforcement of an automated   traffic control system entered into before the effective date of   this Act that explicitly authorizes termination of the contract on   the basis of adverse state legislation.          SECTION 7.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution.  If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2017.