By: Lucio S.B. No. 2060
A BILL TO BE ENTITLED
AN ACT
relating to the authority of a school district to implement a school
bus monitoring system that records images, including images of
vehicles that pass a stopped school bus; providing for the
imposition of penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act shall be known as the Valerie Garcia
Act.
SECTION 2. Section 545.066, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) An image recorded by the monitoring system authorized by
Section 547.701(b)(3) may be used in the administrative
adjudication of a violation under this section if the image:
(1) is otherwise admissible;
(2) clearly shows the vehicle, including the license
plate attached to the vehicle, at the time the offense is alleged to
have occurred; and
(3) is accompanied by an affidavit executed by a peace
officer stating that the image is authentic and that establishes
probable cause that a violation occurred.
SECTION 3. Chapter 545, Transportation Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM
Sec. 545.451. APPLICABILITY OF SUBCHAPTER. This subchapter
applies only to a county that has a population of more than 325,000
and that is located adjacent to:
(1) an international border; and
(2) a county that has a population of more than
550,000.
Sec. 545.452. DEFINITIONS. In this subchapter:
(1) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Transportation or the analogous department
or agency of another state or country.
(2) "Recorded image" means a live or recorded
photographic, electronic, video, or digital image that depicts a
motor vehicle.
(3) "School bus monitoring system" means a system
authorized by Section 547.701(b)(3).
Sec. 545.453. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
board of trustees of a school district by resolution may impose a
financial penalty on the registered owner of a vehicle that is
operated in a manner that violates Section 545.066 within the
school district.
(b) The resolution adopted under this section must:
(1) provide for a penalty of not less than $1 or more
than $250;
(2) authorize an attorney employed by the school
district or an attorney with whom the school district contracts to
bring suit to collect the penalty;
(3) provide for notice of the violation to the
registered owner of the motor vehicle that committed the violation;
(4) provide that a person against whom the school
district seeks to impose a penalty is entitled to an administrative
adjudication hearing;
(5) designate the department, agency, or office of the
school district responsible for the enforcement and administration
of the resolution or provide that the entity with which the school
district enters into an interlocal agreement of understanding under
Section 545.454(3) is responsible for the enforcement and
administration of the resolution;
(6) provide regulations for the use of live or
recorded images recorded by the school bus monitoring system; and
(7) provide for other procedures that the board
determines are necessary for the imposition of any penalty
authorized by this section.
(c) Except as otherwise provided:
(1) by this subchapter, an image recorded by the
monitoring system authorized by Section 547.701(b)(3) that is not
used in the prosecution of an offense under this section shall be
destroyed by the owner of the school bus; or
(2) by Section 545.066(g), an image recorded by the
monitoring system authorized by Section 547.701(b)(3) may not be
sold or distributed to another person.
(d) Penalties collected under this section may be used by a
school district only to cover the cost of:
(1) installing, operating, and maintaining the school
bus monitoring system;
(2) collecting a penalty imposed under this section;
(3) developing and implementing a program that
promotes student safety; or
(4) complying with Section 547.701(e) relating to
three point seatbelts for school buses.
Sec. 545.454. INSTALLATION AND OPERATION OF SCHOOL BUS
MONITORING SYSTEM. A school district that implements a school bus
monitoring system and adopts a resolution imposing a penalty under
this subchapter may:
(1) contract for the administration and enforcement of
the system;
(2) install and operate the system or contract for the
installation or operation of the system;
(3) enter into an interlocal agreement with a
municipality or county in which the school district is located
regarding administrative adjudication hearings required by a
resolution adopted under this subchapter; or
(4) enter into an interlocal agreement with another
school district regarding the administration, enforcement,
installation, or operation of the system.
Sec. 545.455. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
(a) A school district shall operate a monitoring system authorized
by Section 547.701(b)(3) only for the purpose of detecting a
violation or suspected violation of Section 545.066 within the
school district.
(b) A person commits an offense if the person uses a school
bus monitoring system to produce a recorded image other than in the
manner and for the purpose specified by a resolution adopted under
Section 545.453.
(c) An offense under this section is a Class A misdemeanor.
Sec. 545.456. EFFECT ON OTHER ENFORCEMENT. (a) The
implementation of a school bus monitoring system by a school
district under this subchapter does not:
(1) preclude the application or enforcement within the
school district of Section 545.066 in the manner prescribed by
Chapter 543; or
(2) prohibit a peace officer from arresting a violator
of Section 545.066 as provided by Chapter 543 or from issuing the
violator a citation and notice to appear as provided by that
chapter.
(b) A school district may not impose a penalty under this
subchapter on the owner of a motor vehicle if the operator of the
vehicle was arrested or issued a citation and notice to appear by a
peace officer for the same violation of Section 545.066 recorded by
the school bus monitoring system.
Sec. 545.457. NOTICE OF VIOLATION; CONTENTS. (a) The
imposition of a penalty under this subchapter is initiated by the
mailing of a notice of violation to the owner of the motor vehicle
against whom the school district seeks to impose the penalty.
(b) Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department, agency, or
office of the school district or the entity with which the school
district enters into an interlocal agreement under Section
545.454(3) shall mail the notice of violation to the owner of the
motor vehicle at:
(1) the owner's address as shown on the registration
records of the Texas Department of Transportation; or
(2) if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Transportation.
(c) The notice of violation must contain:
(1) a description of the violation alleged;
(2) the location where the violation occurred;
(3) the date and time of the violation;
(4) the name and address of the owner of the vehicle
involved in the violation;
(5) the registration number displayed on the license
plate of the vehicle involved in the violation;
(6) a copy of a recorded image of the violation that
includes a depiction of the registration number displayed on the
license plate of the vehicle involved in the violation;
(7) the amount of the penalty for which the owner is
liable;
(8) the number of days the person has in which to pay
or contest the imposition of the penalty;
(9) a statement that the owner of the vehicle in the
notice of violation may elect to pay the penalty instead of
appearing at the time and place of the administrative adjudication
hearing; and
(10) information that informs the owner of the vehicle
named in the notice of violation:
(A) of the owner's right to contest the
imposition of the penalty against the person in an administrative
adjudication hearing;
(B) that imposition of the penalty may be
contested by submitting a written request for an administrative
adjudication hearing before the expiration of the period specified
under Subdivision (8); and
(C) that failure to pay the penalty or to contest
liability for the penalty in a timely manner is an admission of
liability.
(d) A notice of violation is presumed to have been received
on the fifth day after the date the notice is mailed.
Sec. 545.458. PRESUMPTION. (a) It is presumed that the
owner of the motor vehicle committed the violation alleged in the
notice of violation mailed to the person if the motor vehicle
depicted in a recorded image taken by a school bus monitoring system
belongs to the owner of the motor vehicle.
(b) If, at the time of the violation alleged in the notice of
violation, the motor vehicle depicted in a recorded image taken by a
school bus monitoring system was owned by a person in the business
of selling, renting, or leasing motor vehicles or by a person who
was not the person named in the notice of violation, the presumption
under Subsection (a) is rebutted on the presentation of evidence
establishing that the vehicle was at that time:
(1) being test driven by another person;
(2) being rented or leased by the vehicle's owner to
another person; or
(3) owned by a person who was not the person named in
the notice of violation.
(c) Notwithstanding Section 545.459, the presentation of
evidence under Subsection (b) by a person who is in the business of
selling, renting, or leasing motor vehicles or did not own the
vehicle at the time of the violation must be made by affidavit,
through testimony at the administrative adjudication hearing under
Section 545.459, or by a written declaration under penalty of
perjury. The affidavit or written declaration may be submitted by
mail to the school district or the entity with which the school
district contracts under Section 545.454(1).
(d) If the presumption established by Subsection (a) is
rebutted under Subsection (b), a penalty may not be imposed on the
owner of the vehicle or the person named in the notice of violation,
as applicable.
(e) If, at the time of the violation alleged in the notice of
violation, the motor vehicle depicted in the recorded image taken
by the school bus monitoring system was owned by a person in the
business of renting or leasing motor vehicles and the vehicle was
being rented or leased to an individual, the owner of the motor
vehicle shall provide to the school district or the entity with
which the school district contracts under Section 545.454(1) the
name and address of the individual who was renting or leasing the
motor vehicle depicted in the recorded image and a statement of the
date and times during which that individual was renting or leasing
the vehicle. The owner shall provide the information required by
this subsection not later than the 30th day after the date the
notice of violation is received. If the owner provides the required
information, it is presumed that the individual renting or leasing
the motor vehicle committed the violation alleged in the notice of
violation and the school district or contractor may send a notice of
violation to that individual at an address provided by the owner of
the motor vehicle or from motor vehicle registration records.
Sec. 545.459. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
person who receives a notice of violation under this subchapter may
contest the imposition of the penalty specified in the notice of
violation by filing a written request for an administrative
adjudication hearing. The request for a hearing must be filed on or
before the date specified in the notice of violation, which may not
be earlier than the 30th day after the date the notice of violation
was mailed.
(b) On receipt of a timely request for an administrative
adjudication hearing, the school district shall notify the person
of the date and time of the hearing.
(c) An administrative adjudication hearing under this
subchapter may be conducted by any justice of the peace court in a
county where the alleged violation of Section 545.066 within the
school district occurred. For purpose of establishing jurisdiction
for justice of the peace courts to conduct administrative
adjudication hearings under this subchapter, only a violation of
this subchapter is a case under Article 4.11(a), Code of Criminal
Procedure.
(d) In an administrative adjudication hearing, the issues
must be proven by a preponderance of the evidence.
(e) The reliability of the school bus monitoring system used
to produce the recorded image of the motor vehicle involved in the
violation may be attested to by affidavit of an officer or employee
of the school district or of the entity with which the school
district contracts under Section 545.454(1) who is responsible for
inspecting and maintaining the system.
(f) An affidavit of a peace officer that alleges a violation
based on an inspection of the applicable recorded image is:
(1) admissible in the administrative adjudication
hearing; and
(2) evidence of the facts contained in the affidavit.
(g) At the conclusion of the administrative adjudication
hearing, the hearing officer shall enter a finding of liability for
the penalty or a finding of no liability for the penalty. A finding
under this subsection must be in writing and be signed and dated by
the hearing officer.
(h) A finding of liability for a penalty must specify the
amount of the penalty for which the person is liable. If the
hearing officer enters a finding of no liability, a penalty for the
violation may not be imposed against the person.
(i) A finding of liability or a finding of no liability
entered under this section may:
(1) be filed with a person designated by the board of
trustees of the school district; and
(2) be recorded on microfilm or microfiche or using
data processing techniques.
Sec. 545.460. IMPOSITION OF PENALTY NOT A CONVICTION. The
imposition of a penalty under this subchapter is not a conviction
and may not be considered a conviction for any purpose.
Sec. 545.461. FAILURE TO PAY PENALTY. (a) If the owner of
the motor vehicle fails to timely pay the amount of the penalty
imposed against the owner:
(1) an arrest warrant may not be issued for the owner;
and
(2) the imposition of the penalty may not be recorded
on the owner's driving record.
(b) Notice of Subsection (a) must be included in the notice
of violation required by Section 545.456.
SECTION 4. Subsection (b), Section 547.701, Transportation
Code, is amended to read as follows:
(b) A school bus may be equipped with:
(1) rooftop warning lamps:
(A) that conform to and are placed on the bus in
accordance with specifications adopted under Section 34.002,
Education Code; and
(B) that are operated under rules adopted by the
school district; [and]
(2) movable stop arms:
(A) that conform to regulations adopted under
Section 34.002, Education Code; and
(B) that may be operated only when the bus is
stopped to load or unload students; and
(3) a monitoring system that:
(A) is capable of taking live or recorded
photographic, electronic, video, or digital images of vehicles that
pass the bus when the bus is operating a visual signal as required
by this section;
(B) conforms to regulations adopted under
Section 34.002, Education Code; and
(C) is capable of producing a live or recorded
visual image of a person inside the bus that may be viewed from
another location or of taking photographic, electronic, video, or
digital images of a person inside the bus.
SECTION 5. Section 545.451, Transportation Code, as added
by this Act, expires September 1, 2013.
SECTION 6. This Act takes effect September 1, 2009.