Speed Trap Laws
 


Texas
TRC 542-402.  Disposition of Fines

(b) In each fiscal year, a municipality having a population of less than 5,000 may retain, from fines collected for violations of highway laws in this subtitle and from special expenses collected under Article 45.54, Code of Criminal Procedure, in cases in which a violation of this subtitle is alleged, an amount equal to 30 percent of the municipality's revenue for the preceding fiscal year from all sources, other than federal funds and bond proceeds, as shown by the audit performed under Section 103.001, Local Government Code.  After a municipality has retained that amount, the municipality shall send to the comptroller any portion of a fine or a special expense collected that exceeds $1.

(c) The comptroller shall enforce Subsection (b).

(d) In a fiscal year in which a municipality retains from fines and special expenses collected for violations of highway laws in this subtitle an amount equal to at least 20 percent of the municipality's revenue for the preceding fiscal year from all sources other than federal funds and bond proceeds, not later than the 120th day after the last day of the municipality's fiscal year, the municipality shall send to the comptroller:

(1) a copy of the municipality's financial statement for that fiscal year filed under Chapter 103, Local Government Code; and
(2) a report that shows the total amount collected for that fiscal year from fines and special expenses under subsection (b).

(e) If an audit is conducted by the comptroller under Subsection (c) and it is determined that the municipality is retaining more than 20 percent of the amounts under subsection 

(b) and has not complied with Subsection (d), the municipality shall pay the costs incurred by the comptroller in conducting the audit.


Missouri
302.341. Moving traffic violation, failure to prepay fine or appear in court, license suspended, procedure – reinstatement when – excessive revenue from fines to be distributed to schools.

. . . If any city, town or village receives more than forty-five percent of its total annual revenue from fines for traffic violations occurring on state highways, all revenues from such violations in excess of forty-five percent of the total annual revenue of the city, town or village shall be sent to the director of the department of revenue and shall be distributed annually to the schools of the county in the same manner that proceeds of all penalties, forfeitures and fines collected for any breach of the penal laws of the state are distributed.

4.010.Definitions
4. Notwithstanding the provisions of section 304.120 or any other provision of law to the contrary, cities, towns and villages may regulate the speed of vehicles on state roads and highways within such cities’, towns’ or villages’ corporate limits by ordinance with the approval of the state highways and transportation commission.  Any reduction of speed in cities, towns or villages shall be designed to expedite the flow of traffic on such state roads and highways to the extend consistent with public safety.  The commission may declare any ordinance void if it finds that such ordinance is:

(1) Not primarily designed to expedite traffic flow; and
(2) Primarily designed to produce revenue for the city, town or village which enacted such ordinance.

If an ordinance is declared void, the city, town or village shall have any future proposed ordinance approved by the highways and transportation commission before such ordinance may take effect.


Arkansas
12-8-401 Title.  This subchapter may be known as and cited as the “Arkansas Speed Trap Law.”

12-8-402 Definitions.  As used in this subchapter, unless the context otherwise requires:

(1) “Abusing police power” means the exercise of police power to enforce criminal and traffic laws for the principal purpose of raising revenue for the municipality and not for the purpose of public safety and welfare;
(2) “Affected highway” means a multilane divided highway or limited access divided highway which is part of the state highway system, or both; and
(3) “Affected municipality” means any city of the second class or incorporated town through which passes an affected highway.

12-8-403. Public hearing to determine abuse.

(a)(1)  Upon the request of the prosecuting attorney of any judicial district in which an affected municipality is located, the Director of the Department of Arkansas State Police is authorized to call a public hearing to investigate and determine whether any municipality is abusing police power.
      (2)(A)  The hearing shall be conducted at a public meeting at the county courthouse in the county where the affected municipality is located.
       (B)  Notice of the time and place of the public meeting shall be published in a newspaper having general circulation in the county for two (2) consecutive weeks, the last publication being not more than ten (10) days prior to the meeting.

(b) It shall be presumed that the affected municipality is abusing police power upon a finding that:
     (1) The amount of revenue produced by fines and costs from traffic law violations for which citations were written by the police department of the affected municipality occurring on the affected highways exceeds thirty percent (30%) of the affected municipality's total expenditures, less capital expenditures and debt service, in the preceding year; or 
     (2) More than fifty percent (50%) of the summons written for speeding in the affected municipality are written for speed limit violations which were ten miles per hour (10 m.p.h.) or less than the posted limit.

12-8-404. Sanctions.

(a) Upon a determination that the municipality is abusing police power, the Director of the Department of Arkansas State Police shall have the power to issue the following sanctions:
     (1) Order that a municipality abusing police power shall cease patrolling any or all affected highways; and
     (2) Order that all or any part of future fines and court costs received from traffic law violations or misdemeanor cases where the location of the offense is an affected highway shall be paid over to the county general fund of the county in which the municipality is located.
(b) Any violation of the sanction ordered under subdivision (a)(1) of this section by any police officer shall constitute a Class A misdemeanor for each citation, summons, or misdemeanor arrest made in violation of the director's order.