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  80R2780 ACP-D
 
  By: Isett H.B. No. 985
 
 
 
   
 
 
A BILL TO BE ENTITLED
AN ACT
relating to the power of a local authority to enforce compliance
with speed limits or a traffic-control signal on a highway under its
jurisdiction by an automated traffic-control system.
       BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
       SECTION 1.  The heading to Section 542.203, Transportation
Code, is amended to read as follows:
       Sec. 542.203.  LIMITATIONS [LIMITATION] ON LOCAL
AUTHORITIES.
       SECTION 2.  Section 542.203, Transportation Code, is amended
by adding Subsections (d) and (e) to read as follows:
       (d)  A local authority may not implement or operate an
automated traffic-control system with respect to a highway under
its jurisdiction. The attorney general shall enforce this
subsection.
       (e)  In this section, "automated traffic-control system"
means a system consisting of one or more photographic devices,
radar devices, laser devices, or other electrical or mechanical
devices that:
             (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 posted speed limits or the instructions of a
traffic-control signal; and
             (2)  is used by the local authority to enforce
compliance with posted speed limits 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.
       SECTION 3.  Section 542.202(b)(3), Transportation Code, is
repealed.
       SECTION 4.  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, 2007.