81R3515 ACP-D
By: Allen H.B. No. 474
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a school district to implement a
monitoring system that records images of vehicles that pass a
stopped school bus; providing for the imposition of civil
penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 547.701(b), 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 electronic or video
images of vehicles that pass the bus;
(B) conforms to regulations adopted under
Section 34.002, Education Code; and
(C) may be operated only when the bus is stopped
on a highway to load or unload students.
SECTION 2. Section 545.066, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) An image recorded by the monitoring system authorized by
Section 547.701(b)(3) may be used in the prosecution of an offense
under this section if the image is otherwise admissible and the
image clearly shows the vehicle, including the license plate
attached to the vehicle, at the time the offense was alleged to have
occurred.
SECTION 3. Subchapter B, Chapter 545, Transportation Code,
is amended by adding Section 545.067 to read as follows:
Sec. 545.067. CIVIL PENALTY FOR PASSING SCHOOL BUS. (a)
The board of trustees of a school district by resolution may impose
a civil penalty on the registered owner of a vehicle that is
operated in a manner that violates Section 545.066 within the
school district.
(b) The resolution adopted under this section must:
(1) provide for a civil penalty of not less than $200
or more than $1,000;
(2) authorize an attorney employed by the school
district or an attorney with whom the school district contracts to
bring suit to collect the penalty;
(3) provide for notice of the violation to the
registered owner of the motor vehicle that committed the violation;
(4) provide procedures by which the registered owner
of the motor vehicle may request an administrative adjudication
hearing to contest the imposition or the amount of the penalty;
(5) allow for the use of images recorded by the
monitoring system authorized by Section 547.701(b)(3); and
(6) provide for other procedures the board determines
are necessary for the imposition of a civil penalty authorized by
this section.
(c) Amounts collected from civil penalties imposed under
this section shall be deposited in the maintenance and operation
fund or general fund of the school district.
SECTION 4. This Act takes effect September 1, 2009.