Texas 2019 - 86th Regular

Texas House Bill HB2656 Latest Draft

Bill / Introduced Version Filed 02/27/2019

                            86R9129 AJZ-D
 By: Rosenthal H.B. No. 2656


 A BILL TO BE ENTITLED
 AN ACT
 relating to the authority of a school district to implement a school
 bus monitoring system that records images of vehicles that pass a
 stopped school bus; authorizing a civil penalty.
 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 SECTION 1.  Chapter 545, Transportation Code, is amended by
 adding Subchapter K to read as follows:
 SUBCHAPTER K.  SCHOOL BUS MONITORING SYSTEM
 Sec. 545.501.  DEFINITIONS. In this subchapter:
 (1)  "Owner of a motor vehicle" means the owner of a
 motor vehicle as shown on the motor vehicle registration records of
 the Texas Department of Motor Vehicles or the analogous department
 or agency of another state or country.
 (2)  "School bus monitoring system" means a system
 authorized by Section 547.701(b)(3).
 Sec. 545.502.  AUTHORITY TO PROVIDE FOR PENALTY. (a)  The
 board of trustees of a school district by resolution may provide
 that the owner of a motor vehicle is liable to the school district
 for a civil penalty if the vehicle passes a school bus in violation
 of Section 545.066.  The resolution must establish the amount of the
 civil penalty.
 (b)  A school district may impose a civil penalty under this
 section on the owner of a motor vehicle based solely on a
 photographic image of the vehicle that:
 (1)  was taken by a camera installed on the school bus
 for the purpose of detecting violations of Section 545.066;
 (2)  includes the vehicle's license plate; and
 (3)  shows the vehicle violating Section 545.066.
 (c)  A school district is entitled to all of the proceeds of
 the civil penalties collected by the school district under this
 section.
 (d)  Civil penalties collected under this section may be used
 by a school district to cover the cost of installing, operating, and
 maintaining the school bus monitoring system.
 Sec. 545.503.  OPERATION OF SCHOOL BUS MONITORING SYSTEM.
 (a)  A school district that implements a school bus monitoring
 system under this subchapter may contract for the installation,
 operation, administration, or enforcement of the system.
 (b)  All images and data produced from a school bus
 monitoring system under this subchapter shall be destroyed not
 later than the seventh day after the date of collection unless the
 image or data is evidence in a civil proceeding under this
 subchapter.  Images or data used in a civil proceeding under this
 subchapter shall be destroyed not later than the first anniversary
 of the date of collection.
 SECTION 2.  Section 547.701(b), Transportation Code, is
 amended to read as follows:
 (b)  A school bus may be equipped with:
 (1)  rooftop warning lamps:
 (A)  that conform to and are placed on the bus in
 accordance with specifications adopted under Section 34.002,
 Education Code; and
 (B)  that are operated under rules adopted by the
 school district; [and]
 (2)  movable stop arms:
 (A)  that conform to regulations adopted under
 Section 34.002, Education Code; and
 (B)  that may be operated only when the bus is
 stopped to load or unload students; and
 (3)  a monitoring system that:
 (A)  is capable of taking photographic,
 electronic, video, or digital images of vehicles that pass the bus
 for the purpose of detecting violations of Section 545.066;
 (B)  conforms to regulations adopted under
 Section 34.002, Education Code; and
 (C)  may be operated only when the bus is stopped
 on a highway to load or unload students.
 SECTION 3.  This Act takes effect September 1, 2019.