HB 3309

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
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
(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
(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
(2)  signs that comply with the requirements of
Subsection (d) are posted at the time of the violation.
(d)  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
(1)  indicate an automated traffic control system is
actively being used to monitor motor vehicles in the construction
(2)  conform to the manual and specifications adopted
(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;
(B) [(2)]  obtain one or more photographs or other
(ii) [(B)]  the license plate attached to
(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
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
SECTION 3.  This Act takes effect September 1, 2025.