By: Williams S.B. No. 1696
(Miller of Erath)
A BILL TO BE ENTITLED
AN ACT
relating to the creation of an automatic license plate reader pilot
program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0094 to read as follows:
Sec. 411.0094. AUTOMATIC LICENSE PLATE READER PILOT
PROGRAM. (a) In this section, "automatic license plate reader"
means a system that reads and records license plate numbers taken
from digital photographs.
(b) The department shall establish a pilot program in which
automatic license plate readers may be installed in law enforcement
motor vehicles used by the department for law enforcement.
(c) The program must include a request for proposal process
to select a contractor for the installation of automatic license
plate readers.
(d) The department shall adopt rules as necessary to
implement the program.
(e) An automatic license plate reader installed under this
section:
(1) may be used only to record information necessary
to identify a motor vehicle; and
(2) may not be used to record an image of a person in a
motor vehicle.
(f) The images and any related data produced from an
automatic license plate identification camera system can be queried
or disseminated only for a law enforcement purpose.
(g) All data produced from an automatic license plate reader
shall be destroyed within one year of collection unless the data is
evidence in a criminal investigation or prosecution.
(h) Any agreement or memorandum of understanding concerning
data-sharing related to an automatic license plate identification
camera system between law enforcement entities collecting,
sharing, or gaining access to data under this section is subject to
the provisions of Chapter 552.
(i) Not later than December 1, 2012, the department shall
file a report with the committee in each house of the legislature
having primary jurisdiction over homeland security matters. The
report must include:
(1) information regarding the use of automatic license
plate readers by the department; and
(2) any other information that would assist the
legislature in evaluating the effectiveness of the use of automatic
license plate readers by the department.
(j) This section expires September 1, 2013.
SECTION 2. This Act takes effect September 1, 2011.