81R3182 ACP-F
By: Williams S.B. No. 1426
A BILL TO BE ENTITLED
AN ACT
relating to the installation, operation, and maintenance of
automatic license plate identification cameras on a highway.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter C, Chapter 202, Transportation Code,
is amended by adding Section 202.061 to read as follows:
Sec. 202.061. AGREEMENT TO LOCATE CERTAIN CAMERAS ON
RIGHT-OF-WAY. (a) In this section, "automatic license plate
identification camera" means a camera that produces images on which
optical character recognition is used to read the license plate on a
vehicle.
(b) The department may enter into an agreement with the
Department of Public Safety or a federal law enforcement agency
that authorizes the Department of Public Safety or the federal law
enforcement agency to install, maintain, and operate an automatic
license plate identification camera on the right-of-way of a state
highway.
(c) An agreement under this section must:
(1) be in writing;
(2) list the location of each automatic license plate
identification camera to be installed on the state highway
right-of-way;
(3) list the responsibilities of each party to the
agreement;
(4) be for a fixed term; and
(5) be executed before an automatic license plate
identification camera is installed.
(d) The images produced from an automatic license plate
identification camera installed under an agreement authorized by
this section may be used only for the purpose of:
(1) enforcing:
(A) a penal law of this state, other than a
traffic law the violation of which is a misdemeanor punishable by
fine only; or
(B) a penal law of the United States;
(2) locating:
(A) an abducted child for whom the statewide
alert system authorized by Subchapter L, Chapter 411, Government
Code, has been activated;
(B) a missing senior citizen for whom a statewide
silver alert authorized by Subchapter M, Chapter 411, Government
Code, has been activated; or
(C) a person for whom an alert has been issued
under an executive order of the governor because the person has
seriously injured or killed a local, state, or federal law
enforcement officer; or
(3) prosecuting a criminal offense, other than a
traffic law the violation of which is a misdemeanor punishable by
fine only, if the images are otherwise admissible in a judicial
proceeding.
SECTION 2. 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.