Texas 2009 - 81st Regular

Texas House Bill HB474 Compare Versions

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1	1	81R19449 ACP-D
2	2	By: Allen H.B. No. 474
3	3	Substitute the following for H.B. No. 474:
4	4	By: Jackson C.S.H.B. No. 474
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the authority of a school district to implement a school
10	10	bus monitoring system that records images, including images of
11	11	vehicles that pass a stopped school bus; providing for the
12	12	imposition of penalties.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 545.066, Transportation Code, is amended
15	15	by adding Subsection (g) to read as follows:
16	16	(g) An image recorded by the monitoring system authorized by
17	17	Section 547.701(b)(3) may be used in the prosecution of an offense
18	18	under this section if the image is otherwise admissible and the
19	19	image clearly shows the vehicle, including the license plate
20	20	attached to the vehicle, at the time the offense was alleged to have
21	21	occurred.
22	22	SECTION 2. Chapter 545, Transportation Code, is amended by
23	23	adding Subchapter J to read as follows:
24	24	SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM
25	25	Sec. 545.451. DEFINITIONS. In this subchapter:
26	26	(1) "Owner of a motor vehicle" means the owner of a
27	27	motor vehicle as shown on the motor vehicle registration records of
28	28	the Texas Department of Transportation or the analogous department
29	29	or agency of another state or country.
30	30	(2) "Recorded image" means a photographic,
31	31	electronic, video, or digital image that depicts a motor vehicle.
32	32	(3) "School bus monitoring system" means a system
33	33	authorized by Section 547.701(b)(3).
34	34	Sec. 545.452. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
35	35	board of trustees of a school district by resolution may impose a
36	36	penalty on the registered owner of a vehicle that is operated in a
37	37	manner that violates Section 545.066 within the school district.
38	38	(b) The resolution adopted under this section must:
39	39	(1) provide for a penalty of not less than $200 or more
40	40	than $1,000;
41	41	(2) authorize an attorney employed by the school
42	42	district or an attorney with whom the school district contracts to
43	43	bring suit to collect the penalty;
44	44	(3) provide for notice of the violation to the
45	45	registered owner of the motor vehicle that committed the violation;
46	46	(4) provide that a person against whom the school
47	47	district seeks to impose a penalty is entitled to a hearing and:
48	48	(A) provide for the period in which the hearing
49	49	must be held;
50	50	(B) provide for the appointment of a hearing
51	51	officer with authority to administer oaths and issue orders
52	52	compelling the attendance of witnesses and the production of
53	53	documents; and
54	54	(C) designate the department, agency, or office
55	55	of the school district responsible for the enforcement and
56	56	administration of the resolution or provide that the entity with
57	57	which the school district enters into a memorandum of understanding
58	58	under Section 545.453(3) is responsible for the enforcement and
59	59	administration of the resolution;
60	60	(5) allow for the use of images recorded by the school
61	61	bus monitoring system; and
62	62	(6) provide for other procedures the board determines
63	63	are necessary for the imposition of a penalty authorized by this
64	64	section.
65	65	(c) Penalties collected under this section may be used by a
66	66	school district only to cover the cost of:
67	67	(1) installing, operating, and maintaining the school
68	68	bus monitoring system;
69	69	(2) collecting a penalty imposed under this section;
70	70	(3) developing and implementing a program that
71	71	promotes student safety; and
72	72	(4) complying with Section 547.701(e).
73	73	Sec. 545.453. INSTALLATION AND OPERATION OF SCHOOL BUS
74	74	MONITORING SYSTEM. A school district that implements a school bus
75	75	monitoring system under this subchapter may:
76	76	(1) contract for the administration and enforcement of
77	77	the system;
78	78	(2) install and operate the system or contract for the
79	79	installation or operation of the system; and
80	80	(3) enter into a memorandum of understanding with a
81	81	municipality or county in which the school district is located
82	82	regarding administrative adjudication hearings required by a
83	83	resolution adopted under this subchapter.
84	84	Sec. 545.454. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
85	85	(a) A school district shall operate a monitoring system authorized
86	86	by Section 547.701(b)(3) only for the purpose of detecting a
87	87	violation or suspected violation of Section 545.066 within the
88	88	school district.
89	89	(b) A person commits an offense if the person uses a school
90	90	bus monitoring system to produce a recorded image other than in the
91	91	manner and for the purpose specified by a resolution adopted under
92	92	Section 545.452.
93	93	(c) An offense under this section is a Class A misdemeanor.
94	94	Sec. 545.455. EFFECT ON OTHER ENFORCEMENT. (a) The
95	95	implementation of a school bus monitoring system by a school
96	96	district under this subchapter does not:
97	97	(1) preclude the application or enforcement in the
98	98	territory of the school district of Section 545.066 in the manner
99	99	prescribed by Chapter 543; or
100	100	(2) prohibit a peace officer from arresting a violator
101	101	of Section 545.066 as provided by Chapter 543 or from issuing the
102	102	violator a citation and notice to appear as provided by that
103	103	chapter.
104	104	(b) A school district may not impose a penalty under this
105	105	subchapter on the owner of a motor vehicle if the operator of the
106	106	vehicle was arrested or issued a citation and notice to appear by a
107	107	peace officer for the same violation of Section 545.066 recorded by
108	108	the school bus monitoring system.
109	109	Sec. 545.456. NOTICE OF VIOLATION; CONTENTS. (a) The
110	110	imposition of a penalty under this subchapter is initiated by the
111	111	mailing of a notice of violation to the owner of the motor vehicle
112	112	against whom the school district seeks to impose the penalty.
113	113	(b) Not later than the 30th day after the date the violation
114	114	is alleged to have occurred, the designated department, agency, or
115	115	office of the school district or the entity with which the school
116	116	district enters into a memorandum of understanding under Section
117	117	545.453(3) shall mail the notice of violation to the owner at:
118	118	(1) the owner's address as shown on the registration
119	119	records of the Texas Department of Transportation; or
120	120	(2) if the vehicle is registered in another state or
121	121	country, the owner's address as shown on the motor vehicle
122	122	registration records of the department or agency of the other state
123	123	or country analogous to the Texas Department of Transportation.
124	124	(c) The notice of violation must contain:
125	125	(1) a description of the violation alleged;
126	126	(2) the location where the violation occurred;
127	127	(3) the date and time of the violation;
128	128	(4) the name and address of the owner of the vehicle
129	129	involved in the violation;
130	130	(5) the registration number displayed on the license
131	131	plate of the vehicle involved in the violation;
132	132	(6) a copy of a recorded image of the violation that
133	133	includes a depiction of the registration number displayed on the
134	134	license plate of the vehicle involved in the violation;
135	135	(7) the amount of the penalty for which the owner is
136	136	liable;
137	137	(8) the number of days the person has in which to pay
138	138	or contest the imposition of the penalty;
139	139	(9) a statement that the owner of the vehicle in the
140	140	notice of violation may elect to pay the penalty instead of
141	141	appearing at the time and place of the administrative adjudication
142	142	hearing; and
143	143	(10) information that informs the owner of the vehicle
144	144	named in the notice of violation:
145	145	(A) of the owner's right to contest the
146	146	imposition of the penalty against the person in an administrative
147	147	adjudication hearing;
148	148	(B) that imposition of the penalty may be
149	149	contested by submitting a written request for an administrative
150	150	adjudication hearing before the expiration of the period specified
151	151	under Subdivision (8); and
152	152	(C) that failure to pay the penalty or to contest
153	153	liability for the penalty in a timely manner is an admission of
154	154	liability.
155	155	(d) A notice of violation is presumed to have been received
156	156	on the fifth day after the date the notice is mailed.
157	157	Sec. 545.457. IMPOSITION OF PENALTY NOT A CONVICTION. The
158	158	imposition of a penalty under this subchapter is not a conviction
159	159	and may not be considered a conviction for any purpose.
160	160	SECTION 3. Section 547.701(b), Transportation Code, is
161	161	amended to read as follows:
162	162	(b) A school bus may be equipped with:
163	163	(1) rooftop warning lamps:
164	164	(A) that conform to and are placed on the bus in
165	165	accordance with specifications adopted under Section 34.002,
166	166	Education Code; and
167	167	(B) that are operated under rules adopted by the
168	168	school district; [and]
169	169	(2) movable stop arms:
170	170	(A) that conform to regulations adopted under
171	171	Section 34.002, Education Code; and
172	172	(B) that may be operated only when the bus is
173	173	stopped to load or unload students; and
174	174	(3) a monitoring system that:
175	175	(A) is capable of taking photographic,
176	176	electronic, video, or digital images of vehicles that pass the bus;
177	177	(B) conforms to regulations adopted under
178	178	Section 34.002, Education Code;
179	179	(C) may be operated only when the bus is stopped
180	180	on a highway to load or unload students; and
181	181	(D) is capable of taking photographic,
182	182	electronic, video, or digital images of a person inside the bus.
183	183	SECTION 4. This Act takes effect September 1, 2009.