| 1 | 1 | | 81R33176 ACP-D |
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| 2 | 2 | | By: Williams S.B. No. 1426 |
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| 3 | 3 | | Substitute the following for S.B. No. 1426: |
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| 4 | 4 | | By: Phillips C.S.S.B. No. 1426 |
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| 5 | 5 | | |
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| 6 | 6 | | |
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| 7 | 7 | | A BILL TO BE ENTITLED |
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| 8 | 8 | | AN ACT |
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| 9 | 9 | | relating to the installation, operation, and maintenance of |
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| 10 | 10 | | automatic license plate identification cameras on a highway; |
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| 11 | 11 | | providing for the imposition of criminal penalties. |
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| 12 | 12 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 13 | 13 | | SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
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| 14 | 14 | | is amended by adding Section 202.061 to read as follows: |
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| 15 | 15 | | Sec. 202.061. AGREEMENT TO LOCATE CERTAIN CAMERAS ON |
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| 16 | 16 | | RIGHT-OF-WAY. (a) In this section, "automatic license plate |
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| 17 | 17 | | identification camera" means a camera that produces images on which |
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| 18 | 18 | | optical character recognition is used to read the license plate on a |
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| 19 | 19 | | vehicle. |
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| 20 | 20 | | (b) The department may enter into an agreement with the |
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| 21 | 21 | | Department of Public Safety, a federal law enforcement agency, or a |
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| 22 | 22 | | local law enforcement agency operating an automatic license plate |
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| 23 | 23 | | identification camera under the authority of a federal law |
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| 24 | 24 | | enforcement agency that authorizes the Department of Public Safety, |
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| 25 | 25 | | federal law enforcement agency, or local law enforcement agency to |
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| 26 | 26 | | install, maintain, and operate an automatic license plate |
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| 27 | 27 | | identification camera on the right-of-way of a state highway. |
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| 28 | 28 | | (c) An agreement under this section must: |
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| 29 | 29 | | (1) be in writing; |
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| 30 | 30 | | (2) list the location of each automatic license plate |
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| 31 | 31 | | identification camera to be installed on the state highway |
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| 32 | 32 | | right-of-way; |
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| 33 | 33 | | (3) list the responsibilities of each party to the |
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| 34 | 34 | | agreement; |
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| 35 | 35 | | (4) be for a fixed term; and |
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| 36 | 36 | | (5) be executed before an automatic license plate |
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| 37 | 37 | | identification camera is installed. |
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| 38 | 38 | | (d) The images produced from an automatic license plate |
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| 39 | 39 | | identification camera installed under an agreement authorized by |
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| 40 | 40 | | this section may be used only for the purpose of: |
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| 41 | 41 | | (1) enforcing: |
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| 42 | 42 | | (A) a penal law of this state, other than a |
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| 43 | 43 | | traffic law the violation of which is a misdemeanor punishable by |
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| 44 | 44 | | fine only; or |
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| 45 | 45 | | (B) a penal law of the United States; |
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| 46 | 46 | | (2) locating: |
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| 47 | 47 | | (A) an abducted child for whom the statewide |
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| 48 | 48 | | alert system authorized by Subchapter L, Chapter 411, Government |
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| 49 | 49 | | Code, has been activated; |
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| 50 | 50 | | (B) a missing senior citizen for whom a statewide |
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| 51 | 51 | | silver alert authorized by Subchapter M, Chapter 411, Government |
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| 52 | 52 | | Code, has been activated; or |
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| 53 | 53 | | (C) a person for whom an alert has been issued |
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| 54 | 54 | | under an executive order of the governor because the person has |
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| 55 | 55 | | seriously injured or killed a local, state, or federal law |
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| 56 | 56 | | enforcement officer; or |
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| 57 | 57 | | (3) prosecuting a criminal offense, other than a |
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| 58 | 58 | | traffic law the violation of which is a misdemeanor punishable by |
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| 59 | 59 | | fine only, if the images are otherwise admissible in a judicial |
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| 60 | 60 | | proceeding. |
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| 61 | 61 | | (e) A person commits an offense if the person uses an |
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| 62 | 62 | | automatic license plate identification camera to produce an image |
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| 63 | 63 | | other than in the manner and for the purpose specified by this |
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| 64 | 64 | | section. |
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| 65 | 65 | | (f) An offense under this section is a Class C misdemeanor. |
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| 66 | 66 | | SECTION 2. This Act takes effect immediately if it receives |
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| 67 | 67 | | a vote of two-thirds of all the members elected to each house, as |
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| 68 | 68 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 69 | 69 | | Act does not receive the vote necessary for immediate effect, this |
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| 70 | 70 | | Act takes effect September 1, 2009. |
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