Texas 2019 - 86th Regular

Texas Senate Bill SB2298 Compare Versions

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11 86R16357 AJZ-D
22 By: Powell S.B. No. 2298
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55 A BILL TO BE ENTITLED
66 AN ACT
77 relating to school safety measures, including the authority of a
88 school district to implement a school bus monitoring system that
99 records images of vehicles that pass a stopped school bus;
1010 authorizing a civil penalty; imposing a surcharge.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter Z, Chapter 29, Education Code, is
1313 amended by adding Section 29.924 to read as follows:
1414 Sec. 29.924. SCHOOL SAFETY GRANTS. (a) The commissioner
1515 shall establish a competitive grant program to assist school
1616 districts in implementing school safety measures.
1717 (b) Grant funds awarded under this section may be used by a
1818 grant recipient only to implement school safety measures.
1919 (c) The commissioner may adopt rules on the use of grant
2020 funds under this section, including rules determining eligibility,
2121 award amount, and any restrictions. The commissioner may authorize
2222 a grant recipient or a tax-exempt organization contracting with the
2323 grant recipient to use grant funds for installing school bus
2424 monitoring systems on school buses as authorized by Subchapter K,
2525 Chapter 545, Transportation Code.
2626 (d) In selecting grant recipients under this section, the
2727 commissioner must consider the availability of existing resources,
2828 including funds and equipment, to the school district.
2929 (e) The commissioner may make grants under this section
3030 using revenue from surcharges imposed under Section 545.502(b),
3131 Transportation Code, and gifts, grants, and donations accepted by
3232 the commissioner. A decision of the commissioner concerning the
3333 amount of funds available for a grant is final and may not be
3434 appealed.
3535 SECTION 2. Chapter 545, Transportation Code, is amended by
3636 adding Subchapter K to read as follows:
3737 SUBCHAPTER K. SCHOOL BUS MONITORING SYSTEM
3838 Sec. 545.501. DEFINITIONS. In this subchapter:
3939 (1) "Owner of a motor vehicle" means the owner of a
4040 motor vehicle as shown on the motor vehicle registration records of
4141 the Texas Department of Motor Vehicles or the analogous department
4242 or agency of another state or country.
4343 (2) "School bus monitoring system" means a system
4444 authorized by Section 547.701(b)(3).
4545 Sec. 545.502. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
4646 board of trustees of a school district by resolution may provide
4747 that the owner of a motor vehicle is liable to the school district
4848 for a civil penalty if the vehicle passes a school bus in violation
4949 of Section 545.066. The resolution must establish the amount of the
5050 civil penalty.
5151 (b) A school district may impose a civil penalty under this
5252 section on the owner of a motor vehicle based solely on a
5353 photographic image of the vehicle that:
5454 (1) was taken by a camera installed on the school bus
5555 for the purpose of detecting violations of Section 545.066;
5656 (2) includes the vehicle's license plate; and
5757 (3) shows the vehicle violating Section 545.066.
5858 (c) If a school district imposes a civil penalty under
5959 Subsection (b), the school district shall also impose a $25
6060 surcharge on each civil penalty. A surcharge collected under this
6161 subsection shall be sent to the Texas Education Agency and may be
6262 used only for the competitive grant program established under
6363 Section 29.924, Education Code.
6464 (d) Except as provided by Subsection (c), a school district
6565 is entitled to all of the proceeds of the civil penalties collected
6666 by the school district under this section.
6767 (e) Civil penalties collected under this section may be used
6868 by a school district to cover the cost of installing, operating, and
6969 maintaining the school bus monitoring system.
7070 Sec. 545.503. OPERATION OF SCHOOL BUS MONITORING SYSTEM.
7171 (a) A school district that implements a school bus monitoring
7272 system under this subchapter may contract for the installation,
7373 operation, administration, or enforcement of the system.
7474 (b) All images and data produced from a school bus
7575 monitoring system under this subchapter shall be destroyed not
7676 later than the seventh day after the date of collection unless the
7777 image or data is evidence in a civil proceeding under this
7878 subchapter. Images or data used in a civil proceeding under this
7979 subchapter shall be destroyed not later than the first anniversary
8080 of the date of collection.
8181 SECTION 3. Section 547.701(b), Transportation Code, is
8282 amended to read as follows:
8383 (b) A school bus may be equipped with:
8484 (1) rooftop warning lamps:
8585 (A) that conform to and are placed on the bus in
8686 accordance with specifications adopted under Section 34.002,
8787 Education Code; and
8888 (B) that are operated under rules adopted by the
8989 school district; [and]
9090 (2) movable stop arms:
9191 (A) that conform to regulations adopted under
9292 Section 34.002, Education Code; and
9393 (B) that may be operated only when the bus is
9494 stopped to load or unload students; and
9595 (3) a monitoring system that:
9696 (A) is capable of taking photographic,
9797 electronic, video, or digital images of vehicles that pass the bus
9898 for the purpose of detecting violations of Section 545.066;
9999 (B) conforms to regulations adopted under
100100 Section 34.002, Education Code; and
101101 (C) may be operated only when the bus is stopped
102102 on a highway to load or unload students.
103103 SECTION 4. This Act takes effect September 1, 2019.