HB3309 - Relating to the use of automated traffic control systems by local authorities and law enforcement agencies.

      By: Canales H.B. No. 3309       A BILL TO BE ENTITLED   AN ACT   relating to the use of automated traffic control systems by local   authorities and law enforcement agencies.          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.  LIMITATION ON LOCAL AUTHORITIES AND LAW   ENFORCEMENT AGENCIES [ MUNICIPALITIES ].  (a)   Except as provided by   Subsection (b), a local authority or law enforcement agency [ A   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 traffic   laws [ posted speed limits ].  The attorney general shall enforce   this subsection.          (b)   Notwithstanding Subsection (a), and subject to   Subsection (c), a local authority or law enforcement agency may   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 traffic laws, including posted   speed limits, in a construction or maintenance work zone. A local   authority or law enforcement agency that implements or operates an   automated traffic control system under this subsection shall adopt   policies requiring the prompt deletion of data produced by that   system that is not related to an active criminal or civil   investigation or proceeding.             (c)     A local authority or law enforcement agency may issue a   citation for a violation of a traffic law detected using an   automated traffic control system under Subsection (b) only if:                 (1)     the citation is issued by a peace officer at the   time of the violation; and                 (2)     signs that comply with the requirements of   Subsection (d) are posted at the time of the violation.             (d)     A citation issued under this section may not be mailed   or transmitted electronically to a violator after the time of the   violation.           (e)     A local authority or law enforcement agency that   implements or operates an automated traffic control system for the   purpose of enforcing traffic laws in a construction or maintenance   work zone under Subsection (b) shall post clear and conspicuous   signs at least 100 feet from the beginning of the construction or   maintenance work zone that:                 (1)     indicate an automated traffic control system is   actively being used to monitor motor vehicles in the construction   or maintenance work zone; and                 (2)     conform to the manual and specifications adopted   under Section 544.001.           (f)   In this section : [ , ]                 (1)   " Automated [ automated ] traffic control system"   means a photographic device, radar device, laser device, or other   electrical or mechanical device designed to:                       (A)  [ (1) ]  record the speed of a motor vehicle;   and                       (B)  [ (2) ]  obtain one or more photographs or other   recorded images of:                             (i)  [ (A) ]  the vehicle;                             (ii)  [ (B) ]  the license plate attached to   the vehicle; or                             (iii)  [ (C) ]  the operator of the vehicle.                 (2)     "Construction or maintenance work zone" has the   meaning assigned by Section 472.022.                 (3)     "Law enforcement agency" has the meaning assigned   by Article 2B.0053, Code of Criminal Procedure.                 (4)     "Traffic law" has the meaning assigned by Section   702.001.          SECTION 2.  Chapter 707, Transportation Code, is amended by   adding Section 707.022 to read as follows:           Sec.   707.022.     CONSTRUCTION OR MAINTENANCE WORK ZONE   EXCEPTION. This chapter does not apply to an automated traffic   control system, as defined by Section 542.2035, that is authorized   by Section 542.2035(b).          SECTION 3.  This Act takes effect September 1, 2025.