Texas 2011 - 82nd Regular

Texas House Bill HB1336 Compare Versions

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1	1	82R5904 AJZ-D
2	2	By: Allen H.B. No. 1336
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the authority of a school district to implement a school
8	8	bus monitoring system that records images, including images of
9	9	vehicles that pass a stopped school bus; providing for the
10	10	imposition of penalties.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Section 545.066, Transportation Code, is amended
13	13	by adding Subsection (g) to read as follows:
14	14	(g) An image recorded by the monitoring system authorized by
15	15	Section 547.701(b)(3) may be used in the prosecution of an offense
16	16	under this section if the image is otherwise admissible and the
17	17	image clearly shows the vehicle, including the license plate
18	18	attached to the vehicle, at the time the offense was alleged to have
19	19	occurred.
20	20	SECTION 2. Chapter 545, Transportation Code, is amended by
21	21	adding Subchapter J to read as follows:
22	22	SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM
23	23	Sec. 545.451. DEFINITIONS. In this subchapter:
24	24	(1) "Owner of a motor vehicle" means the owner of a
25	25	motor vehicle as shown on the motor vehicle registration records of
26	26	the Texas Department of Motor Vehicles or the analogous department
27	27	or agency of another state or country.
28	28	(2) "Recorded image" means a photographic,
29	29	electronic, video, or digital image.
30	30	(3) "School bus monitoring system" means a system
31	31	authorized by Section 547.701(b)(3).
32	32	Sec. 545.452. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
33	33	board of trustees of a school district by resolution may impose a
34	34	penalty on the registered owner of a vehicle that is operated in a
35	35	manner that violates Section 545.066 within the school district.
36	36	(b) The resolution adopted under this section must:
37	37	(1) provide for a penalty of not less than $200 or more
38	38	than $1,000;
39	39	(2) authorize an attorney employed by the school
40	40	district or an attorney with whom the school district contracts to
41	41	bring suit to collect the penalty;
42	42	(3) provide for notice of the violation to the
43	43	registered owner of the motor vehicle that committed the violation;
44	44	(4) provide that a person against whom the school
45	45	district seeks to impose a penalty is entitled to a hearing and:
46	46	(A) provide for the period in which the hearing
47	47	must be held;
48	48	(B) provide for the appointment of a hearing
49	49	officer with authority to administer oaths and issue orders
50	50	compelling the attendance of witnesses and the production of
51	51	documents; and
52	52	(C) designate the department, agency, or office
53	53	of the school district responsible for the enforcement and
54	54	administration of the resolution or provide that the entity with
55	55	which the school district enters into a memorandum of understanding
56	56	under Section 545.453(3) is responsible for the enforcement and
57	57	administration of the resolution;
58	58	(5) allow for the use of images recorded by the school
59	59	bus monitoring system; and
60	60	(6) provide for other procedures the board determines
61	61	are necessary for the imposition of a penalty authorized by this
62	62	section.
63	63	(c) Penalties collected under this section may be used by a
64	64	school district only to cover the cost of:
65	65	(1) installing, operating, and maintaining the school
66	66	bus monitoring system;
67	67	(2) collecting a penalty imposed under this section;
68	68	(3) developing and implementing a program that
69	69	promotes student safety; and
70	70	(4) complying with Section 547.701(e).
71	71	Sec. 545.453. INSTALLATION AND OPERATION OF SCHOOL BUS
72	72	MONITORING SYSTEM. A school district that implements a school bus
73	73	monitoring system under this subchapter may:
74	74	(1) contract for the administration and enforcement of
75	75	the system;
76	76	(2) install and operate the system or contract for the
77	77	installation or operation of the system; and
78	78	(3) enter into a memorandum of understanding with a
79	79	municipality or county in which the school district is located
80	80	regarding administrative adjudication hearings required by a
81	81	resolution adopted under this subchapter.
82	82	Sec. 545.454. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
83	83	(a) A school district shall operate a monitoring system authorized
84	84	by Section 547.701(b)(3) only for the purpose of detecting a
85	85	violation or suspected violation of Section 545.066 within the
86	86	school district.
87	87	(b) A person commits an offense if the person uses a school
88	88	bus monitoring system to produce a recorded image other than in the
89	89	manner and for the purpose specified by a resolution adopted under
90	90	Section 545.452.
91	91	(c) An offense under this section is a Class A misdemeanor.
92	92	Sec. 545.455. EFFECT ON OTHER ENFORCEMENT. (a) The
93	93	implementation of a school bus monitoring system by a school
94	94	district under this subchapter does not:
95	95	(1) preclude the application or enforcement in the
96	96	territory of the school district of Section 545.066 in the manner
97	97	prescribed by Chapter 543; or
98	98	(2) prohibit a peace officer from arresting a violator
99	99	of Section 545.066 as provided by Chapter 543 or from issuing the
100	100	violator a citation and notice to appear as provided by that
101	101	chapter.
102	102	(b) A school district may not impose a penalty under this
103	103	subchapter on the owner of a motor vehicle if the operator of the
104	104	vehicle was arrested or issued a citation and notice to appear by a
105	105	peace officer for the same violation of Section 545.066 recorded by
106	106	the school bus monitoring system.
107	107	Sec. 545.456. NOTICE OF VIOLATION; CONTENTS. (a) The
108	108	imposition of a penalty under this subchapter is initiated by the
109	109	mailing of a notice of violation to the owner of the motor vehicle
110	110	against whom the school district seeks to impose the penalty.
111	111	(b) Not later than the 30th day after the date the violation
112	112	is alleged to have occurred, the designated department, agency, or
113	113	office of the school district or the entity with which the school
114	114	district enters into a memorandum of understanding under Section
115	115	545.453(3) shall mail the notice of violation to the owner at:
116	116	(1) the owner's address as shown on the registration
117	117	records of the Texas Department of Motor Vehicles; or
118	118	(2) if the vehicle is registered in another state or
119	119	country, the owner's address as shown on the motor vehicle
120	120	registration records of the department or agency of the other state
121	121	or country analogous to the Texas Department of Motor Vehicles.
122	122	(c) The notice of violation must contain:
123	123	(1) a description of the violation alleged;
124	124	(2) the location where the violation occurred;
125	125	(3) the date and time of the violation;
126	126	(4) the name and address of the owner of the vehicle
127	127	involved in the violation;
128	128	(5) the registration number displayed on the license
129	129	plate of the vehicle involved in the violation;
130	130	(6) a copy of a recorded image of the violation that
131	131	includes a depiction of the registration number displayed on the
132	132	license plate of the vehicle involved in the violation;
133	133	(7) the amount of the penalty for which the owner is
134	134	liable;
135	135	(8) the number of days the person has in which to pay
136	136	or contest the imposition of the penalty;
137	137	(9) a statement that the owner of the vehicle in the
138	138	notice of violation may elect to pay the penalty instead of
139	139	appearing at the time and place of the administrative adjudication
140	140	hearing; and
141	141	(10) information that informs the owner of the vehicle
142	142	named in the notice of violation:
143	143	(A) of the owner's right to contest the
144	144	imposition of the penalty against the person in an administrative
145	145	adjudication hearing;
146	146	(B) that imposition of the penalty may be
147	147	contested by submitting a written request for an administrative
148	148	adjudication hearing before the expiration of the period specified
149	149	under Subdivision (8); and
150	150	(C) that failure to pay the penalty or to contest
151	151	liability for the penalty in a timely manner is an admission of
152	152	liability.
153	153	(d) A notice of violation is presumed to have been received
154	154	on the fifth day after the date the notice is mailed.
155	155	Sec. 545.457. IMPOSITION OF PENALTY NOT A CONVICTION. The
156	156	imposition of a penalty under this subchapter is not a conviction
157	157	and may not be considered a conviction for any purpose.
158	158	SECTION 3. Section 547.701(b), Transportation Code, is
159	159	amended to read as follows:
160	160	(b) A school bus may be equipped with:
161	161	(1) rooftop warning lamps:
162	162	(A) that conform to and are placed on the bus in
163	163	accordance with specifications adopted under Section 34.002,
164	164	Education Code; and
165	165	(B) that are operated under rules adopted by the
166	166	school district; [and]
167	167	(2) movable stop arms:
168	168	(A) that conform to regulations adopted under
169	169	Section 34.002, Education Code; and
170	170	(B) that may be operated only when the bus is
171	171	stopped to load or unload students; and
172	172	(3) a monitoring system that:
173	173	(A) is capable of taking photographic,
174	174	electronic, video, or digital images of vehicles that pass the bus;
175	175	(B) conforms to regulations adopted under
176	176	Section 34.002, Education Code; and
177	177	(C) may be operated only when the bus is stopped
178	178	on a highway to load or unload students.
179	179	SECTION 4. This Act takes effect September 1, 2011.