Texas 2011 - 82nd Regular

Texas Senate Bill SB1485 Compare Versions

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1	1	By: West S.B. No. 1485
2	2	(In the Senate - Filed March 10, 2011; March 22, 2011, read
3	3	first time and referred to Committee on Transportation and Homeland
4	4	Security; May 9, 2011, reported adversely, with favorable
5	5	Committee Substitute by the following vote: Yeas 5, Nays 2, 1
6	6	present not voting; May 9, 2011, sent to printer.)
7	7	COMMITTEE SUBSTITUTE FOR S.B. No. 1485 By: Watson
8	8
9	9
10	10	A BILL TO BE ENTITLED
11	11	AN ACT
12	12	relating to the authority of a school district to implement a school
13	13	bus monitoring system that records images, including images of
14	14	vehicles that pass a stopped school bus; providing for the
15	15	imposition of penalties.
16	16	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
17	17	SECTION 1. Section 545.066, Transportation Code, is amended
18	18	by adding Subsection (g) to read as follows:
19	19	(g) An image recorded by a monitoring system authorized by
20	20	Section 547.701(b)(3) may be used in the prosecution of an offense
21	21	under this section if the image:
22	22	(1) is otherwise admissible;
23	23	(2) clearly shows the vehicle, including the license
24	24	plate attached to the vehicle, at the time the offense was alleged
25	25	to have occurred; and
26	26	(3) is accompanied by an affidavit executed by a peace
27	27	officer stating that the image is authentic and establishes
28	28	probable cause that a violation occurred.
29	29	SECTION 2. Chapter 545, Transportation Code, is amended by
30	30	adding Subchapter J to read as follows:
31	31	SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM
32	32	Sec. 545.451. APPLICABILITY OF SUBCHAPTER. (a) This
33	33	subchapter:
34	34	(1) applies only to a school district that uses school
35	35	bus monitoring systems installed on or before September 1, 2011;
36	36	and
37	37	(2) does not prohibit a school district that uses
38	38	school bus monitoring systems installed on or before September 1,
39	39	2011, from installing additional school bus monitoring systems
40	40	after that date.
41	41	(b) This section expires September 1, 2015.
42	42	Sec. 545.452. DEFINITIONS. In this subchapter:
43	43	(1) "Owner of a motor vehicle" means the owner of a
44	44	motor vehicle as shown on the motor vehicle registration records of
45	45	the Texas Department of Motor Vehicles or the analogous department
46	46	or agency of another state or country.
47	47	(2) "Recorded image" means a live or recorded
48	48	photographic, video, or digital image.
49	49	(3) "School bus monitoring system" means a system
50	50	authorized by Section 547.701(b)(3).
51	51	Sec. 545.453. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
52	52	board of trustees of a school district by resolution may impose a
53	53	financial penalty on the registered owner of a vehicle that is
54	54	operated in a manner that violates Section 545.066 in the
55	55	boundaries of the school district.
56	56	(b) The resolution adopted under this section must:
57	57	(1) provide for a:
58	58	(A) penalty of not less than $75 or more than
59	59	$200; and
60	60	(B) late payment penalty not to exceed $25;
61	61	(2) authorize an attorney employed by the school
62	62	district or an attorney with whom the school district contracts to
63	63	bring suit to collect the penalty;
64	64	(3) provide for notice of the violation to the
65	65	registered owner of the motor vehicle that committed the violation;
66	66	(4) provide that a person against whom the school
67	67	district seeks to impose a penalty is entitled to an administrative
68	68	adjudication hearing;
69	69	(5) designate the department, agency, or office of the
70	70	school district responsible for the enforcement and administration
71	71	of the resolution or provide that the entity with which the school
72	72	district contracts under Section 545.454 is responsible for the
73	73	enforcement and administration of the resolution;
74	74	(6) provide regulations for the use of live or
75	75	recorded images by the school bus monitoring system; and
76	76	(7) provide for other procedures the board determines
77	77	are necessary for the imposition and collection of a penalty
78	78	authorized by this section.
79	79	(c) Except as provided by this subchapter, an image recorded
80	80	by the school bus monitoring system that is not used in the
81	81	prosecution of an offense under Section 545.066 or in an
82	82	administrative adjudication of a violation under this subchapter
83	83	must be destroyed by the owner of the school bus in accordance with
84	84	applicable record retention laws.
85	85	(d) Except as provided by Section 545.066(g), an image
86	86	recorded by a school bus monitoring system may not be sold or
87	87	distributed to another person.
88	88	(e) Penalties collected under this section may be used by a
89	89	school district only to pay for:
90	90	(1) installing, operating, and maintaining school bus
91	91	monitoring systems;
92	92	(2) collecting a penalty imposed under this section;
93	93	or
94	94	(3) developing and implementing measures designed to
95	95	improve student safety, including the purchase of new school buses
96	96	and seat belts for school buses, student safety training, and
97	97	school bus driver training.
98	98	Sec. 545.454. ADMINISTRATION, ENFORCEMENT, INSTALLATION,
99	99	AND OPERATION OF SCHOOL BUS MONITORING SYSTEM. A school district
100	100	that implements a school bus monitoring system and adopts a
101	101	resolution imposing a penalty under this subchapter may:
102	102	(1) contract with a company located in Texas for the
103	103	administration and enforcement of the system;
104	104	(2) install and operate the system or contract with a
105	105	company located in Texas for the installation or operation of the
106	106	system;
107	107	(3) enter into an interlocal agreement with a
108	108	municipality or county in which the school district is located
109	109	regarding administrative adjudication hearings required by a
110	110	resolution adopted under this subchapter; or
111	111	(4) enter into an interlocal agreement with another
112	112	school district regarding the administration, enforcement,
113	113	installation, or operation of the system.
114	114	Sec. 545.455. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
115	115	(a) A school district may use a school bus monitoring system only
116	116	to:
117	117	(1) monitor safety issues inside or outside the school
118	118	bus; or
119	119	(2) detect a violation or suspected violation of
120	120	Section 545.066 in the boundaries of the school district.
121	121	(b) A person commits an offense if the person uses a school
122	122	bus monitoring system to produce a recorded image other than in the
123	123	manner and for the purpose specified by a resolution adopted under
124	124	Section 545.453.
125	125	(c) An offense under this section is a Class A misdemeanor.
126	126	Sec. 545.456. EFFECT ON OTHER ENFORCEMENT. (a) The
127	127	implementation of a school bus monitoring system by a school
128	128	district under this subchapter does not preclude the application or
129	129	enforcement in the boundaries of the school district of Section
130	130	545.066 in the manner prescribed by Chapter 543.
131	131	(b) A school district may not impose a penalty under this
132	132	subchapter on the owner of a motor vehicle if the operator of the
133	133	vehicle was arrested or issued a citation and notice to appear by a
134	134	peace officer for the same violation of Section 545.066 recorded by
135	135	the school bus monitoring system.
136	136	Sec. 545.457. NOTICE OF VIOLATION; CONTENTS. (a) The
137	137	imposition of a penalty under this subchapter is initiated by
138	138	mailing a notice of violation to the owner of the motor vehicle
139	139	against whom the school district seeks to impose the penalty.
140	140	(b) Not later than the 30th day after the date the violation
141	141	is alleged to have occurred, the designated department, agency, or
142	142	office of the school district or the entity with which the school
143	143	district contracts under Section 545.454 shall mail the notice of
144	144	violation to the owner of the motor vehicle at:
145	145	(1) the owner's address as shown on the registration
146	146	records of the Texas Department of Motor Vehicles; or
147	147	(2) if the vehicle is registered in another state or
148	148	country, the owner's address as shown on the motor vehicle
149	149	registration records of the department or agency of the other state
150	150	or country analogous to the Texas Department of Motor Vehicles.
151	151	(c) The notice of violation must contain:
152	152	(1) a description of the violation alleged;
153	153	(2) the location where the violation occurred;
154	154	(3) the date and time of the violation;
155	155	(4) the name and address of the owner of the vehicle
156	156	involved in the violation;
157	157	(5) the number displayed on the license plate of the
158	158	vehicle involved in the violation;
159	159	(6) a copy of a recorded image of the violation that
160	160	includes a depiction of the number displayed on the license plate of
161	161	the vehicle involved in the violation;
162	162	(7) the amount of the penalty for which the owner is
163	163	liable;
164	164	(8) the number of days the person has to pay or contest
165	165	the imposition of the penalty;
166	166	(9) a statement that the owner of the vehicle in the
167	167	notice of violation may elect to pay the penalty instead of
168	168	appearing at the time and place of the administrative adjudication
169	169	hearing; and
170	170	(10) information that informs the owner of the vehicle
171	171	named in the notice of violation:
172	172	(A) of the owner's right to contest the
173	173	imposition of the penalty against the person in an administrative
174	174	adjudication hearing;
175	175	(B) that imposition of the penalty may be
176	176	contested by submitting a written request for an administrative
177	177	adjudication hearing before the expiration of the period under
178	178	Subdivision (8); and
179	179	(C) that failure to pay the penalty or to contest
180	180	liability for the penalty in a timely manner is an admission of
181	181	liability.
182	182	(d) A notice of violation is presumed to have been received
183	183	on the fifth day after the date the notice is mailed.
184	184	Sec. 545.458. PRESUMPTION. (a) It is presumed that the
185	185	owner of a motor vehicle shown in a recorded image of an alleged
186	186	violation taken by a school bus monitoring system committed the
187	187	alleged violation.
188	188	(b) The presumption under Subsection (a) is rebutted on the
189	189	presentation of evidence establishing that at the time of the
190	190	alleged violation the motor vehicle depicted in the recorded image
191	191	taken by a school bus monitoring system was owned by:
192	192	(1) a person in the business of selling, renting, or
193	193	leasing motor vehicles and the vehicle was:
194	194	(A) being test driven by another person; or
195	195	(B) being rented or leased by the vehicle's owner
196	196	to another person; or
197	197	(2) a person who was not the person named in the notice
198	198	of violation.
199	199	(c) Notwithstanding Section 545.459, the presentation of
200	200	evidence under Subsection (b) by a person who is in the business of
201	201	selling, renting, or leasing motor vehicles or by a person who did
202	202	not own the vehicle at the time of the violation must be made by
203	203	affidavit, through testimony at the administrative adjudication
204	204	hearing under Section 545.459, or by a written declaration under
205	205	penalty of perjury. An affidavit or written declaration may be
206	206	submitted by mail to the school district or the entity with which
207	207	the school district contracts under Section 545.454.
208	208	(d) If the presumption established by Subsection (a) is
209	209	rebutted under Subsection (b), a penalty may not be imposed on the
210	210	owner of the vehicle or the person named in the notice of violation,
211	211	as applicable.
212	212	(e) If the motor vehicle depicted in the recorded image
213	213	taken by the school bus monitoring system was owned by a person in
214	214	the business of renting or leasing motor vehicles and the vehicle
215	215	was being rented or leased to an individual at the time of the
216	216	alleged violation, the owner of the motor vehicle shall provide to
217	217	the school district or the entity with which the school district
218	218	contracts under Section 545.454 the name and address of the
219	219	individual who was renting or leasing the motor vehicle and a
220	220	statement of the date and times during which that individual was
221	221	renting or leasing the vehicle. The owner shall provide the
222	222	information required by this subsection not later than the 30th day
223	223	after the date the notice of violation is received. If the owner
224	224	provides the required information, it is presumed that the
225	225	individual renting or leasing the motor vehicle committed the
226	226	violation alleged in the notice of violation, and the school
227	227	district or contractor may send a notice of violation to that
228	228	individual at the address provided by the owner of the motor vehicle
229	229	or from motor vehicle registration records.
230	230	Sec. 545.459. ADMINISTRATIVE ADJUDICATION HEARING. (a) A
231	231	person who receives a notice of violation under this subchapter may
232	232	contest the imposition of the penalty specified in the notice of
233	233	violation by filing a written request for an administrative
234	234	adjudication hearing. The request for a hearing must be filed on or
235	235	before the date specified in the notice of violation, which may not
236	236	be earlier than the 30th day after the date the notice of violation
237	237	was presumed to have been received.
238	238	(b) On receipt of a timely request for an administrative
239	239	adjudication hearing, the school district shall notify the person
240	240	of the date and time of the hearing.
241	241	(c) An administrative adjudication hearing under this
242	242	subchapter may be conducted by any justice of the peace court in the
243	243	boundaries of the school district where the alleged violation
244	244	occurred.
245	245	(d) In an administrative adjudication hearing, the
246	246	violation must be proven by a preponderance of the evidence.
247	247	(e) The reliability of the school bus monitoring system used
248	248	to produce the recorded image of the motor vehicle involved in the
249	249	violation may be attested to by affidavit of an officer or employee
250	250	of the school district or of the entity with which the school
251	251	district contracts under Section 545.454 who is responsible for
252	252	inspecting and maintaining the system.
253	253	(f) An affidavit of a peace officer that alleges a violation
254	254	based on an inspection of the applicable recorded image is:
255	255	(1) admissible in the administrative adjudication
256	256	hearing; and
257	257	(2) evidence of the facts contained in the affidavit.
258	258	(g) At the conclusion of the administrative adjudication
259	259	hearing, the hearing officer shall enter a finding of liability or a
260	260	finding of no liability for the penalty. A finding under this
261	261	subsection must be in writing and be signed and dated by the hearing
262	262	officer.
263	263	(h) A finding of liability for a penalty must specify the
264	264	amount of the penalty for which the person is liable. If the
265	265	hearing officer enters a finding of no liability, a penalty for the
266	266	violation may not be imposed against the person.
267	267	(i) A finding of liability or a finding of no liability
268	268	entered under this section may:
269	269	(1) be filed with a person designated by the board of
270	270	trustees of the school district; or
271	271	(2) be recorded:
272	272	(A) on microfilm or microfiche; or
273	273	(B) using data processing techniques.
274	274	Sec. 545.460. IMPOSITION OF PENALTY NOT A CONVICTION. The
275	275	imposition of a penalty under this subchapter is not a conviction
276	276	and may not be considered a conviction for any purpose.
277	277	Sec. 545.461. FAILURE TO PAY PENALTY. (a) If the owner of
278	278	the motor vehicle fails to timely pay the amount of the penalty
279	279	imposed against the owner:
280	280	(1) an arrest warrant may not be issued for the owner;
281	281	(2) the imposition of the penalty may not be recorded
282	282	on the owner's driving record; and
283	283	(3) other than a motor vehicle that is registered
284	284	under Section 501.0234, a county assessor-collector or the Texas
285	285	Department of Motor Vehicles may refuse to register a motor vehicle
286	286	if the assessor-collector or the department receives information
287	287	from a school district that the owner of the motor vehicle has
288	288	failed to timely pay an outstanding penalty imposed under this
289	289	subchapter.
290	290	(b) Notice of the provisions of Subsection (a) must be
291	291	included in the notice of violation required by Section 545.457.
292	292	Sec. 545.462. REPORTING. (a) A school district shall
293	293	provide the Department of Public Safety written notification of:
294	294	(1) the resolution adopted by the school district
295	295	under Section 545.453;
296	296	(2) the number of school bus monitoring systems
297	297	installed on school buses owned by the school district; and
298	298	(3) the number of violations issued under this
299	299	subchapter.
300	300	(b) Notice shall be sent to the Department of Public Safety
301	301	by September 1 of each year.
302	302	(c) Notice must be delivered by one of the following
303	303	methods:
304	304	(1) facsimile;
305	305	(2) e-mail; or
306	306	(3) mail.
307	307	SECTION 3. Subsection (b), Section 547.701, Transportation
308	308	Code, is amended to read as follows:
309	309	(b) A school bus may be equipped with:
310	310	(1) rooftop warning lamps:
311	311	(A) that conform to and are placed on the bus in
312	312	accordance with specifications adopted under Section 34.002,
313	313	Education Code; and
314	314	(B) that are operated under rules adopted by the
315	315	school district; [and]
316	316	(2) movable stop arms:
317	317	(A) that conform to regulations adopted under
318	318	Section 34.002, Education Code; and
319	319	(B) that may be operated only when the bus is
320	320	stopped to load or unload students; and
321	321	(3) a monitoring system that:
322	322	(A) is capable of taking live or recorded
323	323	photographic, video, or digital images of vehicles that pass the
324	324	bus when the bus is operating a visual signal as required by this
325	325	section;
326	326	(B) conforms to regulations adopted under
327	327	Section 34.002, Education Code; and
328	328	(C) is capable of producing a live or recorded
329	329	visual image of a person inside the bus that may be viewed from
330	330	another location.
331	331	SECTION 4. This Act takes effect September 1, 2011.
332	332	* * * * *