| 1 | 1 | | 81R14198 JD-D |
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| 2 | 2 | | By: Sheffield, Gattis, Laubenberg, H.B. No. 575 |
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| 3 | 3 | | Turner of Harris, Edwards, et al. |
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| 4 | 4 | | Substitute the following for H.B. No. 575: |
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| 5 | 5 | | By: Pickett C.S.H.B. No. 575 |
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| 6 | 6 | | |
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| 7 | 7 | | |
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| 8 | 8 | | A BILL TO BE ENTITLED |
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| 9 | 9 | | AN ACT |
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| 10 | 10 | | relating to a prohibition on the disclosure and use of certain |
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| 11 | 11 | | information recorded or collected by a transponder used to |
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| 12 | 12 | | electronically assess or collect a toll. |
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| 13 | 13 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 14 | 14 | | SECTION 1. Section 228.057, Transportation Code, is amended |
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| 15 | 15 | | by adding Subsection (g) to read as follows: |
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| 16 | 16 | | (g) This subsection applies only to the prosecution of an |
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| 17 | 17 | | offense under this code of which vehicle speed is an element. Trip |
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| 18 | 18 | | data consisting of vehicle speed information that was recorded or |
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| 19 | 19 | | collected by a transponder may not: |
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| 20 | 20 | | (1) be disclosed to a peace officer or a law |
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| 21 | 21 | | enforcement agency of this state for the purpose of prosecuting the |
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| 22 | 22 | | operator of the vehicle on which the transponder was placed; or |
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| 23 | 23 | | (2) be used in a prosecution of the operator of the |
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| 24 | 24 | | vehicle on which the transponder was placed. |
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| 25 | 25 | | SECTION 2. (a) The change in law made by this Act applies |
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| 26 | 26 | | only to the prosecution of an offense that occurs on or after the |
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| 27 | 27 | | effective date of this Act. For purposes of this section, an |
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| 28 | 28 | | offense was committed before the effective date of this Act if any |
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| 29 | 29 | | element of the offense occurred before that date. |
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| 30 | 30 | | (b) Prosecution of an offense committed before the |
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| 31 | 31 | | effective date of this Act is covered by the law in effect when the |
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| 32 | 32 | | offense was committed, and the former law is continued in effect for |
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| 33 | 33 | | that purpose. |
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| 34 | 34 | | SECTION 3. This Act takes effect September 1, 2009. |
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