1 | 1 | | 86R16357 AJZ-D |
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2 | 2 | | By: Powell S.B. No. 2298 |
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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 school safety measures, including the authority of a |
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8 | 8 | | school district to implement a school bus monitoring system that |
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9 | 9 | | records images of vehicles that pass a stopped school bus; |
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10 | 10 | | authorizing a civil penalty; imposing a surcharge. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter Z, Chapter 29, Education Code, is |
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13 | 13 | | amended by adding Section 29.924 to read as follows: |
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14 | 14 | | Sec. 29.924. SCHOOL SAFETY GRANTS. (a) The commissioner |
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15 | 15 | | shall establish a competitive grant program to assist school |
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16 | 16 | | districts in implementing school safety measures. |
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17 | 17 | | (b) Grant funds awarded under this section may be used by a |
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18 | 18 | | grant recipient only to implement school safety measures. |
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19 | 19 | | (c) The commissioner may adopt rules on the use of grant |
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20 | 20 | | funds under this section, including rules determining eligibility, |
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21 | 21 | | award amount, and any restrictions. The commissioner may authorize |
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22 | 22 | | a grant recipient or a tax-exempt organization contracting with the |
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23 | 23 | | grant recipient to use grant funds for installing school bus |
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24 | 24 | | monitoring systems on school buses as authorized by Subchapter K, |
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25 | 25 | | Chapter 545, Transportation Code. |
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26 | 26 | | (d) In selecting grant recipients under this section, the |
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27 | 27 | | commissioner must consider the availability of existing resources, |
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28 | 28 | | including funds and equipment, to the school district. |
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29 | 29 | | (e) The commissioner may make grants under this section |
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30 | 30 | | using revenue from surcharges imposed under Section 545.502(b), |
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31 | 31 | | Transportation Code, and gifts, grants, and donations accepted by |
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32 | 32 | | the commissioner. A decision of the commissioner concerning the |
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33 | 33 | | amount of funds available for a grant is final and may not be |
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34 | 34 | | appealed. |
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35 | 35 | | SECTION 2. Chapter 545, Transportation Code, is amended by |
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36 | 36 | | adding Subchapter K to read as follows: |
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37 | 37 | | SUBCHAPTER K. SCHOOL BUS MONITORING SYSTEM |
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38 | 38 | | Sec. 545.501. DEFINITIONS. In this subchapter: |
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39 | 39 | | (1) "Owner of a motor vehicle" means the owner of a |
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40 | 40 | | motor vehicle as shown on the motor vehicle registration records of |
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41 | 41 | | the Texas Department of Motor Vehicles or the analogous department |
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42 | 42 | | or agency of another state or country. |
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43 | 43 | | (2) "School bus monitoring system" means a system |
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44 | 44 | | authorized by Section 547.701(b)(3). |
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45 | 45 | | Sec. 545.502. AUTHORITY TO PROVIDE FOR PENALTY. (a) The |
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46 | 46 | | board of trustees of a school district by resolution may provide |
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47 | 47 | | that the owner of a motor vehicle is liable to the school district |
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48 | 48 | | for a civil penalty if the vehicle passes a school bus in violation |
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49 | 49 | | of Section 545.066. The resolution must establish the amount of the |
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50 | 50 | | civil penalty. |
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51 | 51 | | (b) A school district may impose a civil penalty under this |
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52 | 52 | | section on the owner of a motor vehicle based solely on a |
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53 | 53 | | photographic image of the vehicle that: |
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54 | 54 | | (1) was taken by a camera installed on the school bus |
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55 | 55 | | for the purpose of detecting violations of Section 545.066; |
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56 | 56 | | (2) includes the vehicle's license plate; and |
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57 | 57 | | (3) shows the vehicle violating Section 545.066. |
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58 | 58 | | (c) If a school district imposes a civil penalty under |
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59 | 59 | | Subsection (b), the school district shall also impose a $25 |
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60 | 60 | | surcharge on each civil penalty. A surcharge collected under this |
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61 | 61 | | subsection shall be sent to the Texas Education Agency and may be |
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62 | 62 | | used only for the competitive grant program established under |
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63 | 63 | | Section 29.924, Education Code. |
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64 | 64 | | (d) Except as provided by Subsection (c), a school district |
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65 | 65 | | is entitled to all of the proceeds of the civil penalties collected |
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66 | 66 | | by the school district under this section. |
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67 | 67 | | (e) Civil penalties collected under this section may be used |
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68 | 68 | | by a school district to cover the cost of installing, operating, and |
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69 | 69 | | maintaining the school bus monitoring system. |
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70 | 70 | | Sec. 545.503. OPERATION OF SCHOOL BUS MONITORING SYSTEM. |
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71 | 71 | | (a) A school district that implements a school bus monitoring |
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72 | 72 | | system under this subchapter may contract for the installation, |
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73 | 73 | | operation, administration, or enforcement of the system. |
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74 | 74 | | (b) All images and data produced from a school bus |
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75 | 75 | | monitoring system under this subchapter shall be destroyed not |
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76 | 76 | | later than the seventh day after the date of collection unless the |
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77 | 77 | | image or data is evidence in a civil proceeding under this |
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78 | 78 | | subchapter. Images or data used in a civil proceeding under this |
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79 | 79 | | subchapter shall be destroyed not later than the first anniversary |
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80 | 80 | | of the date of collection. |
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81 | 81 | | SECTION 3. Section 547.701(b), Transportation Code, is |
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82 | 82 | | amended to read as follows: |
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83 | 83 | | (b) A school bus may be equipped with: |
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84 | 84 | | (1) rooftop warning lamps: |
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85 | 85 | | (A) that conform to and are placed on the bus in |
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86 | 86 | | accordance with specifications adopted under Section 34.002, |
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87 | 87 | | Education Code; and |
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88 | 88 | | (B) that are operated under rules adopted by the |
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89 | 89 | | school district; [and] |
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90 | 90 | | (2) movable stop arms: |
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91 | 91 | | (A) that conform to regulations adopted under |
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92 | 92 | | Section 34.002, Education Code; and |
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93 | 93 | | (B) that may be operated only when the bus is |
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94 | 94 | | stopped to load or unload students; and |
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95 | 95 | | (3) a monitoring system that: |
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96 | 96 | | (A) is capable of taking photographic, |
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97 | 97 | | electronic, video, or digital images of vehicles that pass the bus |
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98 | 98 | | for the purpose of detecting violations of Section 545.066; |
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99 | 99 | | (B) conforms to regulations adopted under |
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100 | 100 | | Section 34.002, Education Code; and |
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101 | 101 | | (C) may be operated only when the bus is stopped |
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102 | 102 | | on a highway to load or unload students. |
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103 | 103 | | SECTION 4. This Act takes effect September 1, 2019. |
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