2009S0484-1 02/25/09
By: Lucio III H.B. No. 4628
A BILL TO BE ENTITLED
AN ACT
relating to school bus safety, including the authority of a school
district to implement a monitoring system that captures images of
vehicles passing illegally; creating an offense and providing for
the imposition of civil and criminal penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subsection (b), Section 547.701, Transportation
Code, is amended to read as follows:
(b) A school bus may be equipped with:
(1) rooftop warning lamps:
(A) that conform to and are placed on the bus in
accordance with specifications adopted under Section 34.002,
Education Code; and
(B) that are operated under rules adopted by the
school district; [and]
(2) movable stop arms:
(A) that conform to regulations adopted under
Section 34.002, Education Code; and
(B) that may be operated only when the bus is
stopped to load or unload students; and
(3) a monitoring system that:
(A) is capable of taking photographic or digital
images, including video images, of vehicles that pass the bus when
the bus is stopped to load and unload students;
(B) is capable of producing a live visual image
of a child inside the bus that can be viewed remotely; and
(C) conforms to regulations adopted under
Section 34.002, Education Code.
SECTION 2. Section 545.066, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) An image recorded by a school bus monitoring system
described by Section 547.701(b)(3) may be used in the prosecution
of an offense under this section if the image:
(1) is otherwise admissible as evidence;
(2) clearly shows the vehicle, including the license
plate attached to the vehicle, at the time the offense was alleged
to have occurred; and
(3) is accompanied by an affidavit executed by a peace
officer who inspected the image attesting to its authenticity.
SECTION 3. Chapter 11, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. CIVIL PENALTY FOR ILLEGALLY PASSING SCHOOL BUS
Sec. 11.401. DEFINITIONS. In this subchapter:
(1) "Local authority" means a county, municipality, or
other local entity:
(A) authorized to enact traffic laws under the
laws of this state; and
(B) within whose boundaries or extraterritorial
jurisdiction a school district adopting a resolution under this
subchapter is located.
(2) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Transportation or the analogous department
or agency of another state or country.
(3) "School bus monitoring system" means a monitoring
system described by Section 547.701(b)(3), Transportation Code.
Sec. 11.402. AUTHORITY TO PROVIDE FOR CIVIL PENALTY.
(a) The board of trustees of a school district by resolution may
impose a civil penalty on the owner of a motor vehicle operated in a
manner that violates Section 545.066, Transportation Code.
(b) A resolution adopted under this section must:
(1) provide for a civil penalty of not less than $200
or more than $1,000;
(2) authorize a local law enforcement agency, an
attorney employed by the school district, or an attorney with whom
the school district contracts to bring suit to collect the penalty;
(3) permit the use of images recorded by a school bus
monitoring system only for the purposes described by Section
11.404(a);
(4) provide that a person against whom the school
district seeks to impose a penalty is entitled to an administrative
adjudication hearing provided by the district or by a local
authority with which the district enters into a memorandum of
understanding under Section 11.403(a)(2) and:
(A) specify the period in which the hearing must
be held; and
(B) provide for the appointment of a hearing
officer with authority to administer oaths and issue orders
compelling the attendance of witnesses and the production of
documents;
(5) designate the department or office of the school
district responsible for the enforcement and administration of the
resolution or provide that a local law enforcement agency with
which the school district enters into a memorandum of understanding
under Section 11.403(a)(2) is responsible for the enforcement and
administration of the resolution; and
(6) provide for other procedures the board determines
necessary for the imposition of a penalty authorized by this
section.
(c) Chapter 133, Local Government Code, does not apply to a
civil penalty imposed under this subchapter.
Sec. 11.403. OPERATION OF SCHOOL BUS MONITORING SYSTEM.
(a) A school district that implements a school bus monitoring
system may:
(1) install and operate the system or contract with a
vendor for the installation or operation of the system; and
(2) enter into memoranda of understanding with:
(A) a local authority regarding administrative
adjudication hearings conducted under this subchapter; and
(B) a local law enforcement agency regarding the
collection of civil penalties imposed under this subchapter and the
enforcement of Section 545.066, Transportation Code.
(b) A vendor that contracts with a school district for the
operation of a school bus monitoring system must advise the
district and appropriate law enforcement agencies of all
information recorded by the system relating to a violation or
suspected violation of Section 545.066, Transportation Code,
within 24 hours after the occurrence of the violation or suspected
violation.
Sec. 11.404. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
(a) A school district may operate a school bus monitoring system
only for the purpose of:
(1) detecting a violation or suspected violation of
Section 545.066, Transportation Code;
(2) collecting a civil penalty imposed under this
subchapter; and
(3) monitoring the safety of children on the bus.
(b) A person commits an offense if the person uses a school
bus monitoring system to produce a recorded image other than in the
manner and for the purpose specified by this subchapter.
(c) An offense under this section is a Class A misdemeanor.
Sec. 11.405. USE OF REVENUE. Revenue from penalties
imposed by a school district under this subchapter must be
deposited in the maintenance and operation fund or the general fund
of the district to pay, as necessary, costs related to school bus
monitoring systems, including:
(1) the costs of:
(A) purchasing, leasing, or installing equipment
that is part of, or that is used in connection with, a system,
including labor costs; and
(B) operating and maintaining a system,
including the costs of creating, distributing, and delivering
violation notices, reviewing violations conducted by district
employees, and processing fine payments and collections, and costs
associated with administrative adjudications and appeals; and
(2) as applicable, amounts due:
(A) a vendor contracting with the district under
Section 11.403(a)(1); and
(B) a local law enforcement agency or a local
authority that enters into a memorandum of understanding with the
district under Section 11.403(a)(2).
Sec. 11.406. NOTICE OF VIOLATION; CONTENTS. (a) The
imposition of a civil penalty under this subchapter is initiated by
the mailing of a notice of violation to the owner of the motor
vehicle against whom the school district seeks to impose the
penalty.
(b) Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department or office of
the school district, or, if applicable, the local law enforcement
agency with which the school district has entered into a memorandum
of understanding under Section 11.403(a)(2), shall mail the notice
of violation to the owner at:
(1) the owner's address as shown on the registration
records of the Texas Department of Transportation; or
(2) if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Transportation.
(c) The notice of violation must contain:
(1) a description of the violation alleged;
(2) the date, time, and location of the violation;
(3) the name and address of the owner of the vehicle
involved in the violation;
(4) the registration number displayed on the license
plate of the vehicle involved in the violation;
(5) a copy of a recorded image of the violation limited
solely to a depiction of the area of the registration number
displayed on the license plate of the vehicle involved in the
violation;
(6) the amount of the civil penalty for which the owner
is liable;
(7) the number of days the person has in which to pay
or contest the imposition of the civil penalty;
(8) a statement that the owner of the vehicle
specified in the notice of violation may elect to pay the civil
penalty by mail sent to a specified address instead of appearing at
the time and place of the administrative adjudication hearing; and
(9) information that informs the owner of the vehicle
named in the notice of violation:
(A) of the owner's right to contest the
imposition of the civil penalty against the person in an
administrative adjudication hearing;
(B) that imposition of the civil penalty may be
contested by submitting a written request for an administrative
adjudication hearing before the expiration of the period specified
under Subdivision (7); and
(C) that failure to pay the civil penalty or to
contest liability for the penalty in a timely manner is an admission
of liability and a waiver of the owner's right to appeal the
imposition of the civil penalty and court costs.
(d) A notice of violation is presumed to have been received
on the fifth day after the date the notice is mailed.
Sec. 11.407. ADMISSION OF LIABILITY. A person who fails to
pay the civil penalty or to contest liability for the penalty in a
timely manner, or who requests an administrative adjudication
hearing to contest the imposition of the civil penalty against the
person and fails to appear at that hearing, is considered to:
(1) admit liability for the full amount of the civil
penalty stated in the notice of violation mailed to the person; and
(2) waive the person's right to appeal the imposition
of the civil penalty.
Sec. 11.408. PRESUMPTION. (a) It is presumed that the
owner of the motor vehicle committed the violation alleged in a
notice of violation mailed to the person under Section 11.406 if the
motor vehicle depicted in a photograph or digital image taken by a
school bus monitoring system belongs to the owner of the motor
vehicle.
(b) If, at the time of the violation alleged in the notice of
violation, the motor vehicle depicted in a photograph or digital
image taken by a school bus monitoring system was owned by a person
in the business of selling, renting, or leasing motor vehicles or by
a person who was not the person named in the notice of violation,
the presumption under Subsection (a) is rebutted on the
presentation of evidence establishing that the vehicle was at that
time:
(1) being test-driven by another person;
(2) being rented or leased by the vehicle's owner to
another person; or
(3) owned by a person who was not the person named in
the notice of violation.
(c) Notwithstanding Section 11.409, the presentation of
evidence under Subsection (b) by a person who is in the business of
selling, renting, or leasing motor vehicles or who did not own the
vehicle at the time of the violation must be made by affidavit,
through testimony at an administrative adjudication hearing under
Section 11.409, or by a written declaration under penalty of
perjury. The affidavit or written declaration may be submitted by
mail to the school district, or, if appropriate, to the local law
enforcement agency with which the district has entered into a
memorandum of understanding under Section 11.403(a)(2).
(d) If the presumption established by Subsection (a) is
rebutted under Subsection (b), a civil penalty may not be imposed on
the owner of the motor vehicle or the person named in the notice of
violation, as applicable.
(e) If, at the time of the violation alleged in a notice of
violation, the motor vehicle depicted in the photograph or digital
image taken by the school bus monitoring system was owned by a
person in the business of renting or leasing motor vehicles and the
vehicle was being rented or leased to an individual, the owner of
the motor vehicle shall provide to the school district, or, if
appropriate, to the local law enforcement agency with which the
district has entered into a memorandum of understanding under
Section 11.403(a)(2), the name and address of the individual who
was renting or leasing the motor vehicle depicted in the photograph
or digital image and a statement of the period during which that
individual was renting or leasing the vehicle. The owner shall
provide the information required by this subsection not later than
the 30th day after the date the notice of violation is received. If
the owner provides the required information, it is presumed that
the individual renting or leasing the motor vehicle committed the
violation alleged in the notice of violation and the school
district or local law enforcement agency may send a notice of
violation to that individual at the address provided by the owner of
the motor vehicle.
Sec. 11.409. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
person who receives a notice of violation under this subchapter may
contest the imposition of the civil penalty specified in the notice
of violation by filing a written request for an administrative
adjudication hearing. The request for a hearing must be filed on or
before the date specified in the notice of violation, which may not
be earlier than the 30th day after the date the notice of violation
was mailed.
(b) On receipt of a timely request for an administrative
adjudication hearing, the school district shall, after consulting
with the local authority, if appropriate, notify the person of the
date and time of the hearing.
(c) A hearing officer designated by the school district or
the local authority shall conduct the administrative adjudication
hearing.
(d) In an administrative adjudication hearing, the issues
must be proven by a preponderance of the evidence.
(e) The reliability of the school bus monitoring system used
to produce the recorded image of the motor vehicle involved in the
violation may be attested to by affidavit of an officer or employee
of the school district, or, if appropriate, of the vendor with which
the district contracts under Section 11.403(a)(1) and that is
responsible for operating and maintaining the system.
(f) An affidavit of an officer or employee of the school
district, or, if appropriate, of a peace officer employed by a local
law enforcement agency with which the district has entered into a
memorandum of understanding under Section 11.403(a)(2), that
alleges a violation based on an inspection of the applicable
recorded image is:
(1) admissible in the administrative adjudication
hearing and in an appeal under Section 11.411; and
(2) evidence of the facts contained in the affidavit.
(g) At the conclusion of the administrative adjudication
hearing, the hearing officer shall enter a finding of liability for
the civil penalty or a finding of no liability for the civil
penalty. A finding under this subsection must be in writing and be
signed and dated by the hearing officer.
(h) A finding of liability for a civil penalty must specify
the amount of the civil penalty for which the person is liable. If
the hearing officer enters a finding of no liability, a civil
penalty for the violation may not be imposed against the person.
(i) A finding of liability or a finding of no liability
entered under this section may:
(1) be filed with the school district, with the clerk
or secretary of the local authority, or with a person designated by
the governing body of the local authority, as appropriate; and
(2) be recorded on microfilm, microfiche, or any other
electronic storage media.
Sec. 11.410. UNTIMELY REQUEST FOR ADMINISTRATIVE
ADJUDICATION HEARING. Notwithstanding any other provision of this
subchapter, a person who receives a notice of violation under this
subchapter and who fails to timely pay the amount of the civil
penalty or fails to timely request an administrative adjudication
hearing is entitled to an administrative adjudication hearing if:
(1) the person submits a written request for the
hearing to the designated hearing officer, accompanied by an
affidavit that attests to the date on which the person received the
notice of violation; and
(2) the written request and affidavit are submitted to
the hearing officer within the same number of days after the date
the person received the notice of violation as specified under
Section 11.406(c)(7).
Sec. 11.411. APPEAL. (a) The owner of a motor vehicle
determined by a hearing officer to be liable for a civil penalty may
appeal that determination to a judge by filing an appeal petition
with the clerk of the court. The petition must be filed with:
(1) a justice court of the county in which the school
district is located; or
(2) if the school district is located within a
municipality, the municipal court of the municipality.
(b) The petition must be:
(1) filed before the 31st day after the date on which
the administrative adjudication hearing officer entered the
finding of liability for the civil penalty; and
(2) accompanied by payment of the costs required by
law for the court.
(c) The court clerk shall schedule a hearing and notify the
owner of the motor vehicle and the school district, or, if
appropriate, the local law enforcement agency with which the
district has entered into a memorandum of understanding under
Section 11.403(a)(2), of the date, time, and place of the hearing.
(d) An appeal stays enforcement and collection of the civil
penalty imposed against the owner of the motor vehicle. The owner
must file a notarized statement of personal financial obligation to
perfect the owner's appeal.
(e) An appeal under this section shall be determined by the
court by trial de novo.
Sec. 11.412. ENFORCEMENT. If the owner of a motor vehicle
is delinquent in the payment of a civil penalty imposed under this
subchapter, the county assessor-collector or the Texas Department
of Transportation may refuse to register a motor vehicle alleged to
have been involved in the violation.
Sec. 11.413. IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.
The imposition of a civil penalty under this subchapter is not a
conviction and may not be considered a conviction for any purpose.
Sec. 11.414. FAILURE TO PAY CIVIL PENALTY. If the owner of
the motor vehicle fails to timely pay the amount of the civil
penalty imposed against the owner:
(1) an arrest warrant may not be issued for the owner;
and
(2) the imposition of the civil penalty may not be
recorded on the owner's driving record.
SECTION 4. Subsection (a), Section 27.031, Government Code,
is amended to read as follows:
(a) In addition to the jurisdiction and powers provided by
the constitution and other law, the justice court has original
jurisdiction of:
(1) civil matters in which exclusive jurisdiction is
not in the district or county court and in which the amount in
controversy is not more than $10,000, exclusive of interest;
(2) cases of forcible entry and detainer;
(3) foreclosure of mortgages and enforcement of liens
on personal property in cases in which the amount in controversy is
otherwise within the justice court's jurisdiction; and
(4) cases arising under Chapter 707, Transportation
Code, and Chapter 11, Education Code, outside a municipality's
territorial limits.
SECTION 5. Subsection (g), Section 29.003, Government Code,
is amended to read as follows:
(g) A municipal court, including a municipal court of
record, shall have exclusive appellate jurisdiction within the
municipality's territorial limits in a case arising under Chapter
707, Transportation Code, or Chapter 11, Education Code.
SECTION 6. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2009.