86R16357 AJZ-D
By: Powell S.B. No. 2298
A BILL TO BE ENTITLED
AN ACT
relating to school safety measures, including 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; imposing a surcharge.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 29, Education Code, is
amended by adding Section 29.924 to read as follows:
Sec. 29.924. SCHOOL SAFETY GRANTS. (a) The commissioner
shall establish a competitive grant program to assist school
districts in implementing school safety measures.
(b) Grant funds awarded under this section may be used by a
grant recipient only to implement school safety measures.
(c) The commissioner may adopt rules on the use of grant
funds under this section, including rules determining eligibility,
award amount, and any restrictions. The commissioner may authorize
a grant recipient or a tax-exempt organization contracting with the
grant recipient to use grant funds for installing school bus
monitoring systems on school buses as authorized by Subchapter K,
Chapter 545, Transportation Code.
(d) In selecting grant recipients under this section, the
commissioner must consider the availability of existing resources,
including funds and equipment, to the school district.
(e) The commissioner may make grants under this section
using revenue from surcharges imposed under Section 545.502(b),
Transportation Code, and gifts, grants, and donations accepted by
the commissioner. A decision of the commissioner concerning the
amount of funds available for a grant is final and may not be
appealed.
SECTION 2. 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) If a school district imposes a civil penalty under
Subsection (b), the school district shall also impose a $25
surcharge on each civil penalty. A surcharge collected under this
subsection shall be sent to the Texas Education Agency and may be
used only for the competitive grant program established under
Section 29.924, Education Code.
(d) Except as provided by Subsection (c), a school district
is entitled to all of the proceeds of the civil penalties collected
by the school district under this section.
(e) 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 3. 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 4. This Act takes effect September 1, 2019.