1 | 1 | | 86R9129 AJZ-D |
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2 | 2 | | By: Rosenthal H.B. No. 2656 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | A BILL TO BE ENTITLED |
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6 | 6 | | AN ACT |
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7 | 7 | | relating to the authority of a school district to implement a school |
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8 | 8 | | bus monitoring system that records images of vehicles that pass a |
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9 | 9 | | stopped school bus; authorizing a civil penalty. |
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10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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11 | 11 | | SECTION 1. Chapter 545, Transportation Code, is amended by |
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12 | 12 | | adding Subchapter K to read as follows: |
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13 | 13 | | SUBCHAPTER K. SCHOOL BUS MONITORING SYSTEM |
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14 | 14 | | Sec. 545.501. DEFINITIONS. In this subchapter: |
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15 | 15 | | (1) "Owner of a motor vehicle" means the owner of a |
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16 | 16 | | motor vehicle as shown on the motor vehicle registration records of |
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17 | 17 | | the Texas Department of Motor Vehicles or the analogous department |
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18 | 18 | | or agency of another state or country. |
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19 | 19 | | (2) "School bus monitoring system" means a system |
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20 | 20 | | authorized by Section 547.701(b)(3). |
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21 | 21 | | Sec. 545.502. AUTHORITY TO PROVIDE FOR PENALTY. (a) The |
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22 | 22 | | board of trustees of a school district by resolution may provide |
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23 | 23 | | that the owner of a motor vehicle is liable to the school district |
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24 | 24 | | for a civil penalty if the vehicle passes a school bus in violation |
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25 | 25 | | of Section 545.066. The resolution must establish the amount of the |
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26 | 26 | | civil penalty. |
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27 | 27 | | (b) A school district may impose a civil penalty under this |
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28 | 28 | | section on the owner of a motor vehicle based solely on a |
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29 | 29 | | photographic image of the vehicle that: |
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30 | 30 | | (1) was taken by a camera installed on the school bus |
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31 | 31 | | for the purpose of detecting violations of Section 545.066; |
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32 | 32 | | (2) includes the vehicle's license plate; and |
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33 | 33 | | (3) shows the vehicle violating Section 545.066. |
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34 | 34 | | (c) A school district is entitled to all of the proceeds of |
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35 | 35 | | the civil penalties collected by the school district under this |
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36 | 36 | | section. |
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37 | 37 | | (d) Civil penalties collected under this section may be used |
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38 | 38 | | by a school district to cover the cost of installing, operating, and |
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39 | 39 | | maintaining the school bus monitoring system. |
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40 | 40 | | Sec. 545.503. OPERATION OF SCHOOL BUS MONITORING SYSTEM. |
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41 | 41 | | (a) A school district that implements a school bus monitoring |
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42 | 42 | | system under this subchapter may contract for the installation, |
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43 | 43 | | operation, administration, or enforcement of the system. |
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44 | 44 | | (b) All images and data produced from a school bus |
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45 | 45 | | monitoring system under this subchapter shall be destroyed not |
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46 | 46 | | later than the seventh day after the date of collection unless the |
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47 | 47 | | image or data is evidence in a civil proceeding under this |
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48 | 48 | | subchapter. Images or data used in a civil proceeding under this |
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49 | 49 | | subchapter shall be destroyed not later than the first anniversary |
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50 | 50 | | of the date of collection. |
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51 | 51 | | SECTION 2. Section 547.701(b), Transportation Code, is |
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52 | 52 | | amended to read as follows: |
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53 | 53 | | (b) A school bus may be equipped with: |
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54 | 54 | | (1) rooftop warning lamps: |
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55 | 55 | | (A) that conform to and are placed on the bus in |
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56 | 56 | | accordance with specifications adopted under Section 34.002, |
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57 | 57 | | Education Code; and |
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58 | 58 | | (B) that are operated under rules adopted by the |
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59 | 59 | | school district; [and] |
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60 | 60 | | (2) movable stop arms: |
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61 | 61 | | (A) that conform to regulations adopted under |
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62 | 62 | | Section 34.002, Education Code; and |
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63 | 63 | | (B) that may be operated only when the bus is |
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64 | 64 | | stopped to load or unload students; and |
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65 | 65 | | (3) a monitoring system that: |
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66 | 66 | | (A) is capable of taking photographic, |
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67 | 67 | | electronic, video, or digital images of vehicles that pass the bus |
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68 | 68 | | for the purpose of detecting violations of Section 545.066; |
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69 | 69 | | (B) conforms to regulations adopted under |
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70 | 70 | | Section 34.002, Education Code; and |
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71 | 71 | | (C) may be operated only when the bus is stopped |
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72 | 72 | | on a highway to load or unload students. |
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73 | 73 | | SECTION 3. This Act takes effect September 1, 2019. |
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