By: Hall S.B. No. 91
A BILL TO BE ENTITLED
AN ACT
relating to the use of automatic license plate readers by a law
enforcement agency.
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. (a) In
this section, "automatic license plate reader" means a system that
reads and records license plate numbers taken from digital
photographs.
(b) A law enforcement agency or a municipal parking
enforcement authority may use an automatic license plate reader.
(c) Images and any related data produced from an automatic
license plate reader under Subsection (b) may be used only:
(1) for a law enforcement purpose; or
(2) by a municipal parking enforcement authority to
issue a citation at the time of an alleged violation of a vehicle
parking ordinance.
(d) All images and data produced from an automatic license
plate reader under this section shall be destroyed not later than
the first anniversary of the date of collection unless the image or
data is evidence in a criminal investigation or prosecution.
(d-1) A law enforcement agency may not enter into an
agreement to provide images or any related data produced from an
automatic license plate reader for a commercial purpose.
(e) The department shall adopt rules as necessary to
implement this section.
SECTION 2. This Act takes effect September 1, 2017.