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school zone defenseUnited States · Texas (Statewide)Difficulty: Easy

School Zone Speed Camera Citations Are Unenforceable

HB 1631 (2019) and the resulting Tex. Transp. Code Chapter 707 ban photographic enforcement of traffic signals AND school-zone fixed-camera enforcement. Texas does not authorize automated speed cameras anywhere on state highways or municipal streets. The only exception is school-bus stop-arm cameras under Tex. Transp. Code § 545.066 with an officer's review (and the registered-owner presumption applies, § 681.011-style). A photo-only school-zone speed citation issued to a registered owner without an officer's first-hand observation cannot survive a challenge under §§ 707.020-707.021 and the broader rule that traffic citations require a sworn complaint by a witnessing officer (Tex. Transp. Code § 543.003).

Legal basis

Texas Transportation Code §§ 707.020, 707.021, 543.003; § 545.066 (school bus only exception)

Sample appeal wording

I deny the violation. The citation is based solely on a photographic image and was not issued upon the personal observation of a peace officer. (1) Texas does not authorize automated photographic speed enforcement in school zones; (2) Tex. Transp. Code § 543.003 requires a citation be supported by a sworn complaint of the witnessing officer; (3) Tex. Transp. Code § 707.021 prohibits issuing citations based on a recorded image produced by a photographic traffic-signal enforcement system. I request dismissal with prejudice and that no registration hold or DPS record entry be made.

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

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Sources

  • Texas Transportation Code Chapter 707
  • Texas Transportation Code § 543.003
  • Texas Attorney General Opinion KP-0299

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