| 1 | 1 | | 86R3082 AJZ-D |
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| 2 | 2 | | By: Hall S.B. No. 78 |
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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 use of automatic license plate readers by a law |
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| 8 | 8 | | enforcement agency or municipal parking enforcement authority. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Chapter 750, Transportation Code, is amended by |
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| 11 | 11 | | adding Section 750.004 to read as follows: |
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| 12 | 12 | | Sec. 750.004. AUTOMATIC LICENSE PLATE READER. (a) In this |
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| 13 | 13 | | section, "automatic license plate reader" means a system that reads |
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| 14 | 14 | | and records license plate numbers taken from digital photographs. |
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| 15 | 15 | | (b) A law enforcement agency or municipal parking |
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| 16 | 16 | | enforcement authority may use an automatic license plate reader. |
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| 17 | 17 | | (c) Images and any related data produced from an automatic |
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| 18 | 18 | | license plate reader used by a law enforcement agency may be used |
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| 19 | 19 | | only for a law enforcement purpose. |
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| 20 | 20 | | (d) Images and any related data produced from an automatic |
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| 21 | 21 | | license plate reader used by a municipal parking enforcement |
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| 22 | 22 | | authority may be used only by the authority to issue a citation at |
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| 23 | 23 | | the time of an alleged violation of a vehicle parking ordinance. |
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| 24 | 24 | | (e) Images and any related data produced from an automatic |
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| 25 | 25 | | license plate reader under this section must be destroyed promptly |
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| 26 | 26 | | after collection unless the image or data is from a motor vehicle |
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| 27 | 27 | | that: |
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| 28 | 28 | | (1) is involved in a criminal offense or an ongoing |
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| 29 | 29 | | criminal investigation; or |
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| 30 | 30 | | (2) is registered to a person who is involved in a |
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| 31 | 31 | | criminal offense or an ongoing criminal investigation. |
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| 32 | 32 | | (f) A law enforcement agency or municipal parking |
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| 33 | 33 | | enforcement authority may not enter into an agreement with a |
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| 34 | 34 | | private person to provide images or any related data produced from |
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| 35 | 35 | | an automatic license plate reader to the person for a commercial |
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| 36 | 36 | | purpose. |
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| 37 | 37 | | SECTION 2. This Act takes effect September 1, 2019. |
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