Re: [tips_and_tricks] TX Tollway Speeding Ticket/Municipal Officer Jurisdicti...
- I understand that the tollway is not owned by the city so the local municipal officer should have no jurisdiction on what happens on the tollway. I slowed to 65 mph before the tollway turns into a city hwy and he comes out of the first free entrance and pulls me over and tells me he clocked me doing 80 in a 70 when I was on the tollway. It was also my understanding that only Texas DPS state troopers are allowed to write speeding tickets to vehicles on the tollway. I can’t seem to find the law that specifies where the jurisdiction is for tollroads.
While I do not recall any instance that you refference above, there is a requirement that the County Sheriff and County Judge designate in their jurisdiction "traffic officers" who are specifically designated to do traffic enforcement. If the DPS or the muni officer had authority to enforce traffic laws, then there would exist some type of Memorandum of Understanding. You may also want to submit an Open Records Act request for any MOU's related this issue.
DEMAND FOR PRODUCTION OF RECORDS
PURSUANT TO THE TEXAS OPEN RECORDS ACT
Dear Sheriff Xxxxxxx,
This is a demand under the Open Records Act (Texas Government Code, Chapter 552, et. seq.) for the production of public information and records that are generated by your office.
Should such records be information that may be withheld due to an exception, you are hereby requested to immediately petition the State Attorney General's office for verification of the exception and to forward that petition and verification to me the requestor. Failure to request an Attorney General opinion and notify the requestor within ten (10) business days will result in a presumption that the information is open unless there is a compelling reason to withhold it.
This demand also constitutes my firm offer of reimbursement of cost should said cost not exceed 20.00. If said cost exceeds 20.00, them notify me in writing with the itemization of all cost prior to the release of the public information made under this request.
REQUESTED PUBLIC INFORMATION
The Public information requested is your delegation of authority under Texas Transportation Code 701.001(a) and 701.001(b) et. seq. identifying the five regular deputies and two additional deputies as county traffic officers. Said request should include the following:
1. All deputies who have been employed as county traffic officers from January 1, 2009, until this present date.
2. A copy of the required oath and bond for all deputies employed as county traffic officers pursuant to Texas Transportation Code 701.002(a)(2) from January 1 2009 until this present date.
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