Texas 2009 - 81st Regular

Texas Senate Bill SB2060 Compare Versions

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1	1	By: Lucio S.B. No. 2060
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the authority of a school district to implement a school
7	7	bus monitoring system that records images, including images of
8	8	vehicles that pass a stopped school bus; providing for the
9	9	imposition of penalties.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act shall be known as the Valerie Garcia
12	12	Act.
13	13	SECTION 2. Section 545.066, Transportation Code, is amended
14	14	by adding Subsection (g) to read as follows:
15	15	(g) An image recorded by the monitoring system authorized by
16	16	Section 547.701(b)(3) may be used in the administrative
17	17	adjudication of a violation under this section if the image:
18	18	(1) is otherwise admissible;
19	19	(2) clearly shows the vehicle, including the license
20	20	plate attached to the vehicle, at the time the offense is alleged to
21	21	have occurred; and
22	22	(3) is accompanied by an affidavit executed by a peace
23	23	officer stating that the image is authentic and that establishes
24	24	probable cause that a violation occurred.
25	25	SECTION 3. Chapter 545, Transportation Code, is amended by
26	26	adding Subchapter J to read as follows:
27	27	SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM
28	28	Sec. 545.451. APPLICABILITY OF SUBCHAPTER. This subchapter
29	29	applies only to a county that has a population of more than 325,000
30	30	and that is located adjacent to:
31	31	(1) an international border; and
32	32	(2) a county that has a population of more than
33	33	550,000.
34	34	Sec. 545.452. DEFINITIONS. In this subchapter:
35	35	(1) "Owner of a motor vehicle" means the owner of a
36	36	motor vehicle as shown on the motor vehicle registration records of
37	37	the Texas Department of Transportation or the analogous department
38	38	or agency of another state or country.
39	39	(2) "Recorded image" means a live or recorded
40	40	photographic, electronic, video, or digital image that depicts a
41	41	motor vehicle.
42	42	(3) "School bus monitoring system" means a system
43	43	authorized by Section 547.701(b)(3).
44	44	Sec. 545.453. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
45	45	board of trustees of a school district by resolution may impose a
46	46	financial penalty on the registered owner of a vehicle that is
47	47	operated in a manner that violates Section 545.066 within the
48	48	school district.
49	49	(b) The resolution adopted under this section must:
50	50	(1) provide for a penalty of not less than $1 or more
51	51	than $250;
52	52	(2) authorize an attorney employed by the school
53	53	district or an attorney with whom the school district contracts to
54	54	bring suit to collect the penalty;
55	55	(3) provide for notice of the violation to the
56	56	registered owner of the motor vehicle that committed the violation;
57	57	(4) provide that a person against whom the school
58	58	district seeks to impose a penalty is entitled to an administrative
59	59	adjudication hearing;
60	60	(5) designate the department, agency, or office of the
61	61	school district responsible for the enforcement and administration
62	62	of the resolution or provide that the entity with which the school
63	63	district enters into an interlocal agreement of understanding under
64	64	Section 545.454(3) is responsible for the enforcement and
65	65	administration of the resolution;
66	66	(6) provide regulations for the use of live or
67	67	recorded images recorded by the school bus monitoring system; and
68	68	(7) provide for other procedures that the board
69	69	determines are necessary for the imposition of any penalty
70	70	authorized by this section.
71	71	(c) Except as otherwise provided:
72	72	(1) by this subchapter, an image recorded by the
73	73	monitoring system authorized by Section 547.701(b)(3) that is not
74	74	used in the prosecution of an offense under this section shall be
75	75	destroyed by the owner of the school bus; or
76	76	(2) by Section 545.066(g), an image recorded by the
77	77	monitoring system authorized by Section 547.701(b)(3) may not be
78	78	sold or distributed to another person.
79	79	(d) Penalties collected under this section may be used by a
80	80	school district only to cover the cost of:
81	81	(1) installing, operating, and maintaining the school
82	82	bus monitoring system;
83	83	(2) collecting a penalty imposed under this section;
84	84	(3) developing and implementing a program that
85	85	promotes student safety; or
86	86	(4) complying with Section 547.701(e) relating to
87	87	three point seatbelts for school buses.
88	88	Sec. 545.454. INSTALLATION AND OPERATION OF SCHOOL BUS
89	89	MONITORING SYSTEM. A school district that implements a school bus
90	90	monitoring system and adopts a resolution imposing a penalty under
91	91	this subchapter may:
92	92	(1) contract for the administration and enforcement of
93	93	the system;
94	94	(2) install and operate the system or contract for the
95	95	installation or operation of the system;
96	96	(3) enter into an interlocal agreement with a
97	97	municipality or county in which the school district is located
98	98	regarding administrative adjudication hearings required by a
99	99	resolution adopted under this subchapter; or
100	100	(4) enter into an interlocal agreement with another
101	101	school district regarding the administration, enforcement,
102	102	installation, or operation of the system.
103	103	Sec. 545.455. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
104	104	(a) A school district shall operate a monitoring system authorized
105	105	by Section 547.701(b)(3) only for the purpose of detecting a
106	106	violation or suspected violation of Section 545.066 within the
107	107	school district.
108	108	(b) A person commits an offense if the person uses a school
109	109	bus monitoring system to produce a recorded image other than in the
110	110	manner and for the purpose specified by a resolution adopted under
111	111	Section 545.453.
112	112	(c) An offense under this section is a Class A misdemeanor.
113	113	Sec. 545.456. EFFECT ON OTHER ENFORCEMENT. (a) The
114	114	implementation of a school bus monitoring system by a school
115	115	district under this subchapter does not:
116	116	(1) preclude the application or enforcement within the
117	117	school district of Section 545.066 in the manner prescribed by
118	118	Chapter 543; or
119	119	(2) prohibit a peace officer from arresting a violator
120	120	of Section 545.066 as provided by Chapter 543 or from issuing the
121	121	violator a citation and notice to appear as provided by that
122	122	chapter.
123	123	(b) A school district may not impose a penalty under this
124	124	subchapter on the owner of a motor vehicle if the operator of the
125	125	vehicle was arrested or issued a citation and notice to appear by a
126	126	peace officer for the same violation of Section 545.066 recorded by
127	127	the school bus monitoring system.
128	128	Sec. 545.457. NOTICE OF VIOLATION; CONTENTS. (a) The
129	129	imposition of a penalty under this subchapter is initiated by the
130	130	mailing of a notice of violation to the owner of the motor vehicle
131	131	against whom the school district seeks to impose the penalty.
132	132	(b) Not later than the 30th day after the date the violation
133	133	is alleged to have occurred, the designated department, agency, or
134	134	office of the school district or the entity with which the school
135	135	district enters into an interlocal agreement under Section
136	136	545.454(3) shall mail the notice of violation to the owner of the
137	137	motor vehicle at:
138	138	(1) the owner's address as shown on the registration
139	139	records of the Texas Department of Transportation; or
140	140	(2) if the vehicle is registered in another state or
141	141	country, the owner's address as shown on the motor vehicle
142	142	registration records of the department or agency of the other state
143	143	or country analogous to the Texas Department of Transportation.
144	144	(c) The notice of violation must contain:
145	145	(1) a description of the violation alleged;
146	146	(2) the location where the violation occurred;
147	147	(3) the date and time of the violation;
148	148	(4) the name and address of the owner of the vehicle
149	149	involved in the violation;
150	150	(5) the registration number displayed on the license
151	151	plate of the vehicle involved in the violation;
152	152	(6) a copy of a recorded image of the violation that
153	153	includes a depiction of the registration number displayed on the
154	154	license plate of the vehicle involved in the violation;
155	155	(7) the amount of the penalty for which the owner is
156	156	liable;
157	157	(8) the number of days the person has in which to pay
158	158	or contest the imposition of the penalty;
159	159	(9) a statement that the owner of the vehicle in the
160	160	notice of violation may elect to pay the penalty instead of
161	161	appearing at the time and place of the administrative adjudication
162	162	hearing; and
163	163	(10) information that informs the owner of the vehicle
164	164	named in the notice of violation:
165	165	(A) of the owner's right to contest the
166	166	imposition of the penalty against the person in an administrative
167	167	adjudication hearing;
168	168	(B) that imposition of the penalty may be
169	169	contested by submitting a written request for an administrative
170	170	adjudication hearing before the expiration of the period specified
171	171	under Subdivision (8); and
172	172	(C) that failure to pay the penalty or to contest
173	173	liability for the penalty in a timely manner is an admission of
174	174	liability.
175	175	(d) A notice of violation is presumed to have been received
176	176	on the fifth day after the date the notice is mailed.
177	177	Sec. 545.458. PRESUMPTION. (a) It is presumed that the
178	178	owner of the motor vehicle committed the violation alleged in the
179	179	notice of violation mailed to the person if the motor vehicle
180	180	depicted in a recorded image taken by a school bus monitoring system
181	181	belongs to the owner of the motor vehicle.
182	182	(b) If, at the time of the violation alleged in the notice of
183	183	violation, the motor vehicle depicted in a recorded image taken by a
184	184	school bus monitoring system was owned by a person in the business
185	185	of selling, renting, or leasing motor vehicles or by a person who
186	186	was not the person named in the notice of violation, the presumption
187	187	under Subsection (a) is rebutted on the presentation of evidence
188	188	establishing that the vehicle was at that time:
189	189	(1) being test driven by another person;
190	190	(2) being rented or leased by the vehicle's owner to
191	191	another person; or
192	192	(3) owned by a person who was not the person named in
193	193	the notice of violation.
194	194	(c) Notwithstanding Section 545.459, the presentation of
195	195	evidence under Subsection (b) by a person who is in the business of
196	196	selling, renting, or leasing motor vehicles or did not own the
197	197	vehicle at the time of the violation must be made by affidavit,
198	198	through testimony at the administrative adjudication hearing under
199	199	Section 545.459, or by a written declaration under penalty of
200	200	perjury. The affidavit or written declaration may be submitted by
201	201	mail to the school district or the entity with which the school
202	202	district contracts under Section 545.454(1).
203	203	(d) If the presumption established by Subsection (a) is
204	204	rebutted under Subsection (b), a penalty may not be imposed on the
205	205	owner of the vehicle or the person named in the notice of violation,
206	206	as applicable.
207	207	(e) If, at the time of the violation alleged in the notice of
208	208	violation, the motor vehicle depicted in the recorded image taken
209	209	by the school bus monitoring system was owned by a person in the
210	210	business of renting or leasing motor vehicles and the vehicle was
211	211	being rented or leased to an individual, the owner of the motor
212	212	vehicle shall provide to the school district or the entity with
213	213	which the school district contracts under Section 545.454(1) the
214	214	name and address of the individual who was renting or leasing the
215	215	motor vehicle depicted in the recorded image and a statement of the
216	216	date and times during which that individual was renting or leasing
217	217	the vehicle. The owner shall provide the information required by
218	218	this subsection not later than the 30th day after the date the
219	219	notice of violation is received. If the owner provides the required
220	220	information, it is presumed that the individual renting or leasing
221	221	the motor vehicle committed the violation alleged in the notice of
222	222	violation and the school district or contractor may send a notice of
223	223	violation to that individual at an address provided by the owner of
224	224	the motor vehicle or from motor vehicle registration records.
225	225	Sec. 545.459. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
226	226	person who receives a notice of violation under this subchapter may
227	227	contest the imposition of the penalty specified in the notice of
228	228	violation by filing a written request for an administrative
229	229	adjudication hearing. The request for a hearing must be filed on or
230	230	before the date specified in the notice of violation, which may not
231	231	be earlier than the 30th day after the date the notice of violation
232	232	was mailed.
233	233	(b) On receipt of a timely request for an administrative
234	234	adjudication hearing, the school district shall notify the person
235	235	of the date and time of the hearing.
236	236	(c) An administrative adjudication hearing under this
237	237	subchapter may be conducted by any justice of the peace court in a
238	238	county where the alleged violation of Section 545.066 within the
239	239	school district occurred. For purpose of establishing jurisdiction
240	240	for justice of the peace courts to conduct administrative
241	241	adjudication hearings under this subchapter, only a violation of
242	242	this subchapter is a case under Article 4.11(a), Code of Criminal
243	243	Procedure.
244	244	(d) In an administrative adjudication hearing, the issues
245	245	must be proven by a preponderance of the evidence.
246	246	(e) The reliability of the school bus monitoring system used
247	247	to produce the recorded image of the motor vehicle involved in the
248	248	violation may be attested to by affidavit of an officer or employee
249	249	of the school district or of the entity with which the school
250	250	district contracts under Section 545.454(1) who is responsible for
251	251	inspecting and maintaining the system.
252	252	(f) An affidavit of a peace officer that alleges a violation
253	253	based on an inspection of the applicable recorded image is:
254	254	(1) admissible in the administrative adjudication
255	255	hearing; and
256	256	(2) evidence of the facts contained in the affidavit.
257	257	(g) At the conclusion of the administrative adjudication
258	258	hearing, the hearing officer shall enter a finding of liability for
259	259	the penalty or a finding of no liability for the penalty. A finding
260	260	under this subsection must be in writing and be signed and dated by
261	261	the hearing officer.
262	262	(h) A finding of liability for a penalty must specify the
263	263	amount of the penalty for which the person is liable. If the
264	264	hearing officer enters a finding of no liability, a penalty for the
265	265	violation may not be imposed against the person.
266	266	(i) A finding of liability or a finding of no liability
267	267	entered under this section may:
268	268	(1) be filed with a person designated by the board of
269	269	trustees of the school district; and
270	270	(2) be recorded on microfilm or microfiche or using
271	271	data processing techniques.
272	272	Sec. 545.460. IMPOSITION OF PENALTY NOT A CONVICTION. The
273	273	imposition of a penalty under this subchapter is not a conviction
274	274	and may not be considered a conviction for any purpose.
275	275	Sec. 545.461. FAILURE TO PAY PENALTY. (a) If the owner of
276	276	the motor vehicle fails to timely pay the amount of the penalty
277	277	imposed against the owner:
278	278	(1) an arrest warrant may not be issued for the owner;
279	279	and
280	280	(2) the imposition of the penalty may not be recorded
281	281	on the owner's driving record.
282	282	(b) Notice of Subsection (a) must be included in the notice
283	283	of violation required by Section 545.456.
284	284	SECTION 4. Subsection (b), Section 547.701, Transportation
285	285	Code, is amended to read as follows:
286	286	(b) A school bus may be equipped with:
287	287	(1) rooftop warning lamps:
288	288	(A) that conform to and are placed on the bus in
289	289	accordance with specifications adopted under Section 34.002,
290	290	Education Code; and
291	291	(B) that are operated under rules adopted by the
292	292	school district; [and]
293	293	(2) movable stop arms:
294	294	(A) that conform to regulations adopted under
295	295	Section 34.002, Education Code; and
296	296	(B) that may be operated only when the bus is
297	297	stopped to load or unload students; and
298	298	(3) a monitoring system that:
299	299	(A) is capable of taking live or recorded
300	300	photographic, electronic, video, or digital images of vehicles that
301	301	pass the bus when the bus is operating a visual signal as required
302	302	by this section;
303	303	(B) conforms to regulations adopted under
304	304	Section 34.002, Education Code; and
305	305	(C) is capable of producing a live or recorded
306	306	visual image of a person inside the bus that may be viewed from
307	307	another location or of taking photographic, electronic, video, or
308	308	digital images of a person inside the bus.
309	309	SECTION 5. Section 545.451, Transportation Code, as added
310	310	by this Act, expires September 1, 2013.
311	311	SECTION 6. This Act takes effect September 1, 2009.