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| 1 | 1 | By: Hall S.B. No. 91 | |
| 2 | - | (In the Senate - Filed November 14, 2016; January 24, 2017, | |
| 3 | - | read first time and referred to Committee on Criminal Justice; | |
| 4 | - | March 23, 2017, reported adversely, with favorable Committee | |
| 5 | - | Substitute by the following vote: Yeas 8, Nays 1; March 23, 2017, | |
| 6 | - | sent to printer.) | |
| 7 | - | Click here to see the committee vote | |
| 8 | - | COMMITTEE SUBSTITUTE FOR S.B. No. 91 By: Whitmire | |
| 9 | 2 | ||
| 10 | 3 | ||
| 11 | 4 | A BILL TO BE ENTITLED | |
| 12 | 5 | AN ACT | |
| 13 | 6 | relating to the use of automatic license plate readers by a law | |
| 14 | 7 | enforcement agency. | |
| 15 | 8 | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | |
| 16 | 9 | SECTION 1. Subchapter A, Chapter 411, Government Code, is | |
| 17 | 10 | amended by adding Section 411.0094 to read as follows: | |
| 18 | 11 | Sec. 411.0094. AUTOMATIC LICENSE PLATE READER. (a) In | |
| 19 | 12 | this section, "automatic license plate reader" means a system that | |
| 20 | 13 | reads and records license plate numbers taken from digital | |
| 21 | 14 | photographs. | |
| 22 | - | (b) A law enforcement agency | |
| 23 | - | plate reader. | |
| 15 | + | (b) A law enforcement agency or a municipal parking | |
| 16 | + | enforcement authority may use an automatic license plate reader. | |
| 24 | 17 | (c) Images and any related data produced from an automatic | |
| 25 | - | license plate reader under Subsection (b) may be used only for the | |
| 26 | - | following law enforcement purposes: | |
| 27 | - | (1) investigating a criminal offense; or | |
| 28 | - | (2) investigating a report of a missing person. | |
| 18 | + | license plate reader under Subsection (b) may be used only: | |
| 19 | + | (1) for a law enforcement purpose; or | |
| 20 | + | (2) by a municipal parking enforcement authority to | |
| 21 | + | issue a citation at the time of an alleged violation of a vehicle | |
| 22 | + | parking ordinance. | |
| 29 | 23 | (d) All images and data produced from an automatic license | |
| 30 | 24 | plate reader under this section shall be destroyed not later than | |
| 31 | 25 | the first anniversary of the date of collection unless the image or | |
| 32 | 26 | data is evidence in a criminal investigation or prosecution. | |
| 27 | + | (d-1) A law enforcement agency may not enter into an | |
| 28 | + | agreement to provide images or any related data produced from an | |
| 29 | + | automatic license plate reader for a commercial purpose. | |
| 33 | 30 | (e) The department shall adopt rules as necessary to | |
| 34 | 31 | implement this section. | |
| 35 | 32 | SECTION 2. This Act takes effect September 1, 2017. | |
| 36 | - | * * * * * |