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

89(R) HB 3309 - Engrossed version - Bill Text

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.