Following the public pushback over red light cameras across Texas, camera companies, such as American Traffic Solutions (ATS), have turned their attention to counties, rather than cities. Shockingly, several counties engaged these firms in clear violation of state law.
The problem with ATS’s strategy was that the governments they sought to engage do not have the authority to issue civil penalties to enforce local ordinances. Cities are given that authority in the Local Government Code (LGC); that power does not extend to counties. Every civil citation issued to local residents by Kaufman County under the ATS contract was illegal. (LGC 54.012 & 54.044)
ATS targeted rural counties such as Kaufman, Smith, and Hays, appealing to money-hungry County Judges who would support traffic-camera contracts designed to help bolster their revenue. As is often the case in local government, they relied upon complicit District Attorneys and incompetent county lawyers to rubber stamp unlawful contracts.