Texas 2009 - 81st Regular

Texas House Bill HB4628 Compare Versions

Only one version of the bill is available at this time.

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1	1	2009S0484-1 02/25/09
2	2	By: Lucio III H.B. No. 4628
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to school bus safety, including the authority of a school
8	8	district to implement a monitoring system that captures images of
9	9	vehicles passing illegally; creating an offense and providing for
10	10	the imposition of civil and criminal penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subsection (b), Section 547.701, Transportation
13	13	Code, is amended to read as follows:
14	14	(b) A school bus may be equipped with:
15	15	(1) rooftop warning lamps:
16	16	(A) that conform to and are placed on the bus in
17	17	accordance with specifications adopted under Section 34.002,
18	18	Education Code; and
19	19	(B) that are operated under rules adopted by the
20	20	school district; [and]
21	21	(2) movable stop arms:
22	22	(A) that conform to regulations adopted under
23	23	Section 34.002, Education Code; and
24	24	(B) that may be operated only when the bus is
25	25	stopped to load or unload students; and
26	26	(3) a monitoring system that:
27	27	(A) is capable of taking photographic or digital
28	28	images, including video images, of vehicles that pass the bus when
29	29	the bus is stopped to load and unload students;
30	30	(B) is capable of producing a live visual image
31	31	of a child inside the bus that can be viewed remotely; and
32	32	(C) conforms to regulations adopted under
33	33	Section 34.002, Education Code.
34	34	SECTION 2. Section 545.066, Transportation Code, is amended
35	35	by adding Subsection (g) to read as follows:
36	36	(g) An image recorded by a school bus monitoring system
37	37	described by Section 547.701(b)(3) may be used in the prosecution
38	38	of an offense under this section if the image:
39	39	(1) is otherwise admissible as evidence;
40	40	(2) clearly shows the vehicle, including the license
41	41	plate attached to the vehicle, at the time the offense was alleged
42	42	to have occurred; and
43	43	(3) is accompanied by an affidavit executed by a peace
44	44	officer who inspected the image attesting to its authenticity.
45	45	SECTION 3. Chapter 11, Education Code, is amended by adding
46	46	Subchapter I to read as follows:
47	47	SUBCHAPTER I. CIVIL PENALTY FOR ILLEGALLY PASSING SCHOOL BUS
48	48	Sec. 11.401. DEFINITIONS. In this subchapter:
49	49	(1) "Local authority" means a county, municipality, or
50	50	other local entity:
51	51	(A) authorized to enact traffic laws under the
52	52	laws of this state; and
53	53	(B) within whose boundaries or extraterritorial
54	54	jurisdiction a school district adopting a resolution under this
55	55	subchapter is located.
56	56	(2) "Owner of a motor vehicle" means the owner of a
57	57	motor vehicle as shown on the motor vehicle registration records of
58	58	the Texas Department of Transportation or the analogous department
59	59	or agency of another state or country.
60	60	(3) "School bus monitoring system" means a monitoring
61	61	system described by Section 547.701(b)(3), Transportation Code.
62	62	Sec. 11.402. AUTHORITY TO PROVIDE FOR CIVIL PENALTY.
63	63	(a) The board of trustees of a school district by resolution may
64	64	impose a civil penalty on the owner of a motor vehicle operated in a
65	65	manner that violates Section 545.066, Transportation Code.
66	66	(b) A resolution adopted under this section must:
67	67	(1) provide for a civil penalty of not less than $200
68	68	or more than $1,000;
69	69	(2) authorize a local law enforcement agency, an
70	70	attorney employed by the school district, or an attorney with whom
71	71	the school district contracts to bring suit to collect the penalty;
72	72	(3) permit the use of images recorded by a school bus
73	73	monitoring system only for the purposes described by Section
74	74	11.404(a);
75	75	(4) provide that a person against whom the school
76	76	district seeks to impose a penalty is entitled to an administrative
77	77	adjudication hearing provided by the district or by a local
78	78	authority with which the district enters into a memorandum of
79	79	understanding under Section 11.403(a)(2) and:
80	80	(A) specify the period in which the hearing must
81	81	be held; and
82	82	(B) provide for the appointment of a hearing
83	83	officer with authority to administer oaths and issue orders
84	84	compelling the attendance of witnesses and the production of
85	85	documents;
86	86	(5) designate the department or office of the school
87	87	district responsible for the enforcement and administration of the
88	88	resolution or provide that a local law enforcement agency with
89	89	which the school district enters into a memorandum of understanding
90	90	under Section 11.403(a)(2) is responsible for the enforcement and
91	91	administration of the resolution; and
92	92	(6) provide for other procedures the board determines
93	93	necessary for the imposition of a penalty authorized by this
94	94	section.
95	95	(c) Chapter 133, Local Government Code, does not apply to a
96	96	civil penalty imposed under this subchapter.
97	97	Sec. 11.403. OPERATION OF SCHOOL BUS MONITORING SYSTEM.
98	98	(a) A school district that implements a school bus monitoring
99	99	system may:
100	100	(1) install and operate the system or contract with a
101	101	vendor for the installation or operation of the system; and
102	102	(2) enter into memoranda of understanding with:
103	103	(A) a local authority regarding administrative
104	104	adjudication hearings conducted under this subchapter; and
105	105	(B) a local law enforcement agency regarding the
106	106	collection of civil penalties imposed under this subchapter and the
107	107	enforcement of Section 545.066, Transportation Code.
108	108	(b) A vendor that contracts with a school district for the
109	109	operation of a school bus monitoring system must advise the
110	110	district and appropriate law enforcement agencies of all
111	111	information recorded by the system relating to a violation or
112	112	suspected violation of Section 545.066, Transportation Code,
113	113	within 24 hours after the occurrence of the violation or suspected
114	114	violation.
115	115	Sec. 11.404. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
116	116	(a) A school district may operate a school bus monitoring system
117	117	only for the purpose of:
118	118	(1) detecting a violation or suspected violation of
119	119	Section 545.066, Transportation Code;
120	120	(2) collecting a civil penalty imposed under this
121	121	subchapter; and
122	122	(3) monitoring the safety of children on the bus.
123	123	(b) A person commits an offense if the person uses a school
124	124	bus monitoring system to produce a recorded image other than in the
125	125	manner and for the purpose specified by this subchapter.
126	126	(c) An offense under this section is a Class A misdemeanor.
127	127	Sec. 11.405. USE OF REVENUE. Revenue from penalties
128	128	imposed by a school district under this subchapter must be
129	129	deposited in the maintenance and operation fund or the general fund
130	130	of the district to pay, as necessary, costs related to school bus
131	131	monitoring systems, including:
132	132	(1) the costs of:
133	133	(A) purchasing, leasing, or installing equipment
134	134	that is part of, or that is used in connection with, a system,
135	135	including labor costs; and
136	136	(B) operating and maintaining a system,
137	137	including the costs of creating, distributing, and delivering
138	138	violation notices, reviewing violations conducted by district
139	139	employees, and processing fine payments and collections, and costs
140	140	associated with administrative adjudications and appeals; and
141	141	(2) as applicable, amounts due:
142	142	(A) a vendor contracting with the district under
143	143	Section 11.403(a)(1); and
144	144	(B) a local law enforcement agency or a local
145	145	authority that enters into a memorandum of understanding with the
146	146	district under Section 11.403(a)(2).
147	147	Sec. 11.406. NOTICE OF VIOLATION; CONTENTS. (a) The
148	148	imposition of a civil penalty under this subchapter is initiated by
149	149	the mailing of a notice of violation to the owner of the motor
150	150	vehicle against whom the school district seeks to impose the
151	151	penalty.
152	152	(b) Not later than the 30th day after the date the violation
153	153	is alleged to have occurred, the designated department or office of
154	154	the school district, or, if applicable, the local law enforcement
155	155	agency with which the school district has entered into a memorandum
156	156	of understanding under Section 11.403(a)(2), shall mail the notice
157	157	of violation to the owner at:
158	158	(1) the owner's address as shown on the registration
159	159	records of the Texas Department of Transportation; or
160	160	(2) if the vehicle is registered in another state or
161	161	country, the owner's address as shown on the motor vehicle
162	162	registration records of the department or agency of the other state
163	163	or country analogous to the Texas Department of Transportation.
164	164	(c) The notice of violation must contain:
165	165	(1) a description of the violation alleged;
166	166	(2) the date, time, and location of the violation;
167	167	(3) the name and address of the owner of the vehicle
168	168	involved in the violation;
169	169	(4) the registration number displayed on the license
170	170	plate of the vehicle involved in the violation;
171	171	(5) a copy of a recorded image of the violation limited
172	172	solely to a depiction of the area of the registration number
173	173	displayed on the license plate of the vehicle involved in the
174	174	violation;
175	175	(6) the amount of the civil penalty for which the owner
176	176	is liable;
177	177	(7) the number of days the person has in which to pay
178	178	or contest the imposition of the civil penalty;
179	179	(8) a statement that the owner of the vehicle
180	180	specified in the notice of violation may elect to pay the civil
181	181	penalty by mail sent to a specified address instead of appearing at
182	182	the time and place of the administrative adjudication hearing; and
183	183	(9) information that informs the owner of the vehicle
184	184	named in the notice of violation:
185	185	(A) of the owner's right to contest the
186	186	imposition of the civil penalty against the person in an
187	187	administrative adjudication hearing;
188	188	(B) that imposition of the civil penalty may be
189	189	contested by submitting a written request for an administrative
190	190	adjudication hearing before the expiration of the period specified
191	191	under Subdivision (7); and
192	192	(C) that failure to pay the civil penalty or to
193	193	contest liability for the penalty in a timely manner is an admission
194	194	of liability and a waiver of the owner's right to appeal the
195	195	imposition of the civil penalty and court costs.
196	196	(d) A notice of violation is presumed to have been received
197	197	on the fifth day after the date the notice is mailed.
198	198	Sec. 11.407. ADMISSION OF LIABILITY. A person who fails to
199	199	pay the civil penalty or to contest liability for the penalty in a
200	200	timely manner, or who requests an administrative adjudication
201	201	hearing to contest the imposition of the civil penalty against the
202	202	person and fails to appear at that hearing, is considered to:
203	203	(1) admit liability for the full amount of the civil
204	204	penalty stated in the notice of violation mailed to the person; and
205	205	(2) waive the person's right to appeal the imposition
206	206	of the civil penalty.
207	207	Sec. 11.408. PRESUMPTION. (a) It is presumed that the
208	208	owner of the motor vehicle committed the violation alleged in a
209	209	notice of violation mailed to the person under Section 11.406 if the
210	210	motor vehicle depicted in a photograph or digital image taken by a
211	211	school bus monitoring system belongs to the owner of the motor
212	212	vehicle.
213	213	(b) If, at the time of the violation alleged in the notice of
214	214	violation, the motor vehicle depicted in a photograph or digital
215	215	image taken by a school bus monitoring system was owned by a person
216	216	in the business of selling, renting, or leasing motor vehicles or by
217	217	a person who was not the person named in the notice of violation,
218	218	the presumption under Subsection (a) is rebutted on the
219	219	presentation of evidence establishing that the vehicle was at that
220	220	time:
221	221	(1) being test-driven by another person;
222	222	(2) being rented or leased by the vehicle's owner to
223	223	another person; or
224	224	(3) owned by a person who was not the person named in
225	225	the notice of violation.
226	226	(c) Notwithstanding Section 11.409, the presentation of
227	227	evidence under Subsection (b) by a person who is in the business of
228	228	selling, renting, or leasing motor vehicles or who did not own the
229	229	vehicle at the time of the violation must be made by affidavit,
230	230	through testimony at an administrative adjudication hearing under
231	231	Section 11.409, or by a written declaration under penalty of
232	232	perjury. The affidavit or written declaration may be submitted by
233	233	mail to the school district, or, if appropriate, to the local law
234	234	enforcement agency with which the district has entered into a
235	235	memorandum of understanding under Section 11.403(a)(2).
236	236	(d) If the presumption established by Subsection (a) is
237	237	rebutted under Subsection (b), a civil penalty may not be imposed on
238	238	the owner of the motor vehicle or the person named in the notice of
239	239	violation, as applicable.
240	240	(e) If, at the time of the violation alleged in a notice of
241	241	violation, the motor vehicle depicted in the photograph or digital
242	242	image taken by the school bus monitoring system was owned by a
243	243	person in the business of renting or leasing motor vehicles and the
244	244	vehicle was being rented or leased to an individual, the owner of
245	245	the motor vehicle shall provide to the school district, or, if
246	246	appropriate, to the local law enforcement agency with which the
247	247	district has entered into a memorandum of understanding under
248	248	Section 11.403(a)(2), the name and address of the individual who
249	249	was renting or leasing the motor vehicle depicted in the photograph
250	250	or digital image and a statement of the period during which that
251	251	individual was renting or leasing the vehicle. The owner shall
252	252	provide the information required by this subsection not later than
253	253	the 30th day after the date the notice of violation is received. If
254	254	the owner provides the required information, it is presumed that
255	255	the individual renting or leasing the motor vehicle committed the
256	256	violation alleged in the notice of violation and the school
257	257	district or local law enforcement agency may send a notice of
258	258	violation to that individual at the address provided by the owner of
259	259	the motor vehicle.
260	260	Sec. 11.409. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
261	261	person who receives a notice of violation under this subchapter may
262	262	contest the imposition of the civil penalty specified in the notice
263	263	of violation by filing a written request for an administrative
264	264	adjudication hearing. The request for a hearing must be filed on or
265	265	before the date specified in the notice of violation, which may not
266	266	be earlier than the 30th day after the date the notice of violation
267	267	was mailed.
268	268	(b) On receipt of a timely request for an administrative
269	269	adjudication hearing, the school district shall, after consulting
270	270	with the local authority, if appropriate, notify the person of the
271	271	date and time of the hearing.
272	272	(c) A hearing officer designated by the school district or
273	273	the local authority shall conduct the administrative adjudication
274	274	hearing.
275	275	(d) In an administrative adjudication hearing, the issues
276	276	must be proven by a preponderance of the evidence.
277	277	(e) The reliability of the school bus monitoring system used
278	278	to produce the recorded image of the motor vehicle involved in the
279	279	violation may be attested to by affidavit of an officer or employee
280	280	of the school district, or, if appropriate, of the vendor with which
281	281	the district contracts under Section 11.403(a)(1) and that is
282	282	responsible for operating and maintaining the system.
283	283	(f) An affidavit of an officer or employee of the school
284	284	district, or, if appropriate, of a peace officer employed by a local
285	285	law enforcement agency with which the district has entered into a
286	286	memorandum of understanding under Section 11.403(a)(2), that
287	287	alleges a violation based on an inspection of the applicable
288	288	recorded image is:
289	289	(1) admissible in the administrative adjudication
290	290	hearing and in an appeal under Section 11.411; and
291	291	(2) evidence of the facts contained in the affidavit.
292	292	(g) At the conclusion of the administrative adjudication
293	293	hearing, the hearing officer shall enter a finding of liability for
294	294	the civil penalty or a finding of no liability for the civil
295	295	penalty. A finding under this subsection must be in writing and be
296	296	signed and dated by the hearing officer.
297	297	(h) A finding of liability for a civil penalty must specify
298	298	the amount of the civil penalty for which the person is liable. If
299	299	the hearing officer enters a finding of no liability, a civil
300	300	penalty for the violation may not be imposed against the person.
301	301	(i) A finding of liability or a finding of no liability
302	302	entered under this section may:
303	303	(1) be filed with the school district, with the clerk
304	304	or secretary of the local authority, or with a person designated by
305	305	the governing body of the local authority, as appropriate; and
306	306	(2) be recorded on microfilm, microfiche, or any other
307	307	electronic storage media.
308	308	Sec. 11.410. UNTIMELY REQUEST FOR ADMINISTRATIVE
309	309	ADJUDICATION HEARING. Notwithstanding any other provision of this
310	310	subchapter, a person who receives a notice of violation under this
311	311	subchapter and who fails to timely pay the amount of the civil
312	312	penalty or fails to timely request an administrative adjudication
313	313	hearing is entitled to an administrative adjudication hearing if:
314	314	(1) the person submits a written request for the
315	315	hearing to the designated hearing officer, accompanied by an
316	316	affidavit that attests to the date on which the person received the
317	317	notice of violation; and
318	318	(2) the written request and affidavit are submitted to
319	319	the hearing officer within the same number of days after the date
320	320	the person received the notice of violation as specified under
321	321	Section 11.406(c)(7).
322	322	Sec. 11.411. APPEAL. (a) The owner of a motor vehicle
323	323	determined by a hearing officer to be liable for a civil penalty may
324	324	appeal that determination to a judge by filing an appeal petition
325	325	with the clerk of the court. The petition must be filed with:
326	326	(1) a justice court of the county in which the school
327	327	district is located; or
328	328	(2) if the school district is located within a
329	329	municipality, the municipal court of the municipality.
330	330	(b) The petition must be:
331	331	(1) filed before the 31st day after the date on which
332	332	the administrative adjudication hearing officer entered the
333	333	finding of liability for the civil penalty; and
334	334	(2) accompanied by payment of the costs required by
335	335	law for the court.
336	336	(c) The court clerk shall schedule a hearing and notify the
337	337	owner of the motor vehicle and the school district, or, if
338	338	appropriate, the local law enforcement agency with which the
339	339	district has entered into a memorandum of understanding under
340	340	Section 11.403(a)(2), of the date, time, and place of the hearing.
341	341	(d) An appeal stays enforcement and collection of the civil
342	342	penalty imposed against the owner of the motor vehicle. The owner
343	343	must file a notarized statement of personal financial obligation to
344	344	perfect the owner's appeal.
345	345	(e) An appeal under this section shall be determined by the
346	346	court by trial de novo.
347	347	Sec. 11.412. ENFORCEMENT. If the owner of a motor vehicle
348	348	is delinquent in the payment of a civil penalty imposed under this
349	349	subchapter, the county assessor-collector or the Texas Department
350	350	of Transportation may refuse to register a motor vehicle alleged to
351	351	have been involved in the violation.
352	352	Sec. 11.413. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.
353	353	The imposition of a civil penalty under this subchapter is not a
354	354	conviction and may not be considered a conviction for any purpose.
355	355	Sec. 11.414. FAILURE TO PAY CIVIL PENALTY. If the owner of
356	356	the motor vehicle fails to timely pay the amount of the civil
357	357	penalty imposed against the owner:
358	358	(1) an arrest warrant may not be issued for the owner;
359	359	and
360	360	(2) the imposition of the civil penalty may not be
361	361	recorded on the owner's driving record.
362	362	SECTION 4. Subsection (a), Section 27.031, Government Code,
363	363	is amended to read as follows:
364	364	(a) In addition to the jurisdiction and powers provided by
365	365	the constitution and other law, the justice court has original
366	366	jurisdiction of:
367	367	(1) civil matters in which exclusive jurisdiction is
368	368	not in the district or county court and in which the amount in
369	369	controversy is not more than $10,000, exclusive of interest;
370	370	(2) cases of forcible entry and detainer;
371	371	(3) foreclosure of mortgages and enforcement of liens
372	372	on personal property in cases in which the amount in controversy is
373	373	otherwise within the justice court's jurisdiction; and
374	374	(4) cases arising under Chapter 707, Transportation
375	375	Code, and Chapter 11, Education Code, outside a municipality's
376	376	territorial limits.
377	377	SECTION 5. Subsection (g), Section 29.003, Government Code,
378	378	is amended to read as follows:
379	379	(g) A municipal court, including a municipal court of
380	380	record, shall have exclusive appellate jurisdiction within the
381	381	municipality's territorial limits in a case arising under Chapter
382	382	707, Transportation Code, or Chapter 11, Education Code.
383	383	SECTION 6. This Act takes effect immediately if it receives
384	384	a vote of two-thirds of all the members elected to each house, as
385	385	provided by Section 39, Article III, Texas Constitution. If this
386	386	Act does not receive the vote necessary for immediate effect, this
387	387	Act takes effect September 1, 2009.