BILL ANALYSIS

H.B. 1631

By: Stickland

Transportation

Committee Report (Unamended)

BACKGROUND AND PURPOSE

There have been calls from across the state to ban the use of red light cameras, which many citizens suggest are unconstitutional and may increase the incidence of rear-end collisions at intersections in which the camera systems are present. H.B. 1631 seeks to address this issue by prohibiting the use of photographic traffic signal enforcement systems in Texas.

CRIMINAL JUSTICE IMPACT

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

H.B. 1631 amends the Transportation Code to prohibit a local authority from implementing or operating a photographic traffic signal enforcement system with respect to a highway or street under the jurisdiction of the authority and to require the attorney general to enforce this prohibition. The bill prohibits a local authority from issuing a civil or criminal charge or citation for an offense or violation based on a recorded image produced by a photographic traffic signal enforcement system. The bill repeals provisions relating to the implementation and operation of a photographic traffic signal enforcement system by a local authority, to limits on the amount of penalties a local authority may impose to enforce compliance with the instructions of a traffic control signal, to the deposit of revenue from those penalties, and to certain notification regarding photographic traffic monitoring systems.

H.B. 1631 amends the Government Code and Health and Safety Code and reenacts and amends a certain Local Government Code provision to make conforming changes.

H.B. 1631 repeals the following provisions:

· Section 29.003(g), Government Code

· Sections 542.405, 542.406, and 544.012, Transportation Code

· Sections 707.001(2), 707.002, 707.0021, 707.003, 707.004, 707.005, 707.006, 707.007, 707.008, 707.009, 707.010, 707.011, 707.012, 707.013, 707.014, 707.015, 707.016, 707.017, 707.018, and 707.019, Transportation Code

EFFECTIVE DATE

On passage, or, if the bill does not receive the necessary vote, September 1, 2019.