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Should Other States Follow? Texas Bans Speed Cameras and Warns of Red Light Cameras

Finally, someone's fighting back against the fleecing of the general populace. Famous for liking things big, Texas lawmakers have laid the smackdown on red light and speed cameras in a large manner. HB.922 states "A municipality may not implement or operate an automated traffic control system with respect to a highway under its jurisdiction," which means that cameras, automated radar or laser, or anything else designed to snag an image of a car, driver, or license plate and record its speed is now forbidden. The even larger racket of red-light cameras have had the brakes applied by HB.1052, which requires giving motorists notice of the devices at least 100 feet out.

 

HB.922
Sec. 542.2035. LIMITATION ON MUNICIPALITIES. (a) 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 posted speed limits. The attorney general shall enforce this subsection.
(b) In this section, "automated traffic control system" means a photographic device, radar device, laser device, or other electrical or mechanical device designed to:
(1) 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.
SECTION 2. 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.

[note: Passed and in effect as of May 21, 2007]


HB.1052
Sec. 544.012. NOTIFICATION OF PHOTOGRAPHIC TRAFFIC MONITORING SYSTEM. (a) In this section:
(1) "Photographic traffic monitoring system" means a system that:
(A) consists of a camera and vehicle sensor installed to work in conjunction with an electrically operated traffic-control signal; and
(B) is capable of producing one or more recorded images that depict the license plate attached to a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.
(2) "Recorded image" means an image that:
(A) depicts a motor vehicle; and
(B) is automatically recorded on a photograph or digital image.
(b) This section applies only to a municipality that pursuant to an ordinance of the municipality employs a photographic traffic monitoring system to enforce compliance with the instructions of traffic-control signals in the municipality.
(c) The municipality shall install signs along each roadway that leads to an intersection at which a photographic traffic monitoring system is in active use. The signs must be at least 100 feet from the intersection or located according to standards established in the manual adopted by the Texas Transportation Commission under Section 544.001, be easily readable to any operator approaching the intersection, and clearly indicate the presence of a photographic monitoring system that records violations that may result in the issuance of a notice of violation and the imposition of a monetary penalty.
(d) A municipality that fails to comply with Subsection (c) may not impose or attempt to impose a civil or administrative penalty against a person, including the owner of a motor vehicle or an operator, for a failure to comply with the instructions of a traffic-control signal located at the applicable intersection.
(e) Subsection (d) does not prohibit a peace officer from arresting or issuing a citation and notice to appear to a person whom the officer observes to have failed to comply with the instructions of a traffic-control signal located at the intersection.
SECTION 2. This Act takes effect September 1, 2007.