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constitutionalUnited States · Texas (Statewide)Difficulty: Easy

Red Light Camera Citations Unenforceable Statewide (HB 1631)

Texas Transportation Code §§ 707.020 and 707.021, added by HB 1631 (effective June 2, 2019), categorically prohibit any local authority from operating a photographic traffic-signal enforcement system, AND prohibit issuing any civil or criminal charge based on a photographic traffic-signal image. Any red-light camera ticket issued in Texas after June 2, 2019 is unenforceable. The statute is enforced by the Attorney General. Some Texas cities (e.g., Humble, Balcones Heights) tried to keep cameras going on contract grounds — courts have rejected attempts. Even cameras at toll booth approaches that operate as traffic-signal enforcement are barred. The State also denies Texas DMV registration holds for these violations under § 707.017.

Legal basis

Texas Transportation Code §§ 707.020, 707.021; HB 1631, 86th Leg. (2019)

Sample appeal wording

TO: [CITY] Municipal Court / Clerk RE: Citation No. [NUMBER] This citation is unenforceable under Texas Transportation Code § 707.021, which states: 'Notwithstanding any other law, a local authority may not issue 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 cited statute became effective June 2, 2019 (HB 1631, 86th R.S.). § 707.020 likewise prohibits operating such a system. I demand the citation be dismissed with prejudice and removed from any registration-hold, collection, or credit-bureau report. The Attorney General has enforcement authority under § 707.020(b). Please confirm dismissal in writing within 30 days. Signed: ____________ Date: __________

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

  • Texas Transportation Code Chapter 707
  • House Bill 1631, 86th Leg. (2019)

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