Texas 2021 - 87th Regular

Texas House Bill HB1119 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	87R4914 AJZ-F
2	2	By: Lucio III H.B. No. 1119
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the establishment of the Texas Uninsured Vehicle
8	8	Enforcement Program.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 601, Transportation Code, is amended by
11	11	adding Subchapter O to read as follows:
12	12	SUBCHAPTER O. TEXAS UNINSURED VEHICLE ENFORCEMENT PROGRAM
13	13	Sec. 601.501. DEFINITIONS. In this subchapter:
14	14	(1) "Automatic license plate reader system" means a
15	15	system that reads and records license plate numbers taken from
16	16	photographs.
17	17	(2) "Captured plate data" means data collected by an
18	18	automatic license plate reader system.
19	19	(3) "Law enforcement agency" means an agency of the
20	20	state or an agency of a political subdivision of the state
21	21	authorized by law to employ peace officers as defined by Article
22	22	2.12, Code of Criminal Procedure.
23	23	(4) "Program" means the Texas Uninsured Vehicle
24	24	Enforcement Program established under this chapter.
25	25	Sec. 601.502. IMPLEMENTATION OF PROGRAM; RULES. (a) The
26	26	department by rule shall, in consultation with law enforcement
27	27	agencies, establish the Texas Uninsured Vehicle Enforcement
28	28	Program to use automatic license plate reader systems to help law
29	29	enforcement agencies identify uninsured motor vehicles.
30	30	(b) The department may contract with a person to provide
31	31	necessary technology, equipment, and maintenance of automatic
32	32	license plate reader systems used in the program.
33	33	(c) Notwithstanding any other law, the department may:
34	34	(1) install an automatic license plate reader system
35	35	on appropriate infrastructure owned by this state or a political
36	36	subdivision of this state, including traffic signals, highway
37	37	signs, bridges, and overpasses; and
38	38	(2) use infrastructure described by Subdivision (1) as
39	39	necessary to ensure that an automatic license plate reader system
40	40	has access to the necessary power to operate.
41	41	(d) The department may enter into an interagency agreement
42	42	or memorandum of understanding with another state agency to
43	43	authorize the agency to access and use an automatic license plate
44	44	reader system installed under the program for a purpose within the
45	45	agency's statutory duties. An agency's access and use of an
46	46	automatic license plate reader system under this subsection may not
47	47	interfere with the operation of the system by the department or a
48	48	law enforcement agency for the purposes of the program.
49	49	Sec. 601.503. CAPTURED PLATE DATA COLLECTION. (a) The
50	50	department and law enforcement agencies may use automatic license
51	51	plate reader systems to collect captured plate data to enforce the
52	52	financial responsibility requirements of Section 601.191.
53	53	(b) The captured plate data may be accessed only by law
54	54	enforcement agencies and individuals authorized by the department.
55	55	(c) The department may authorize a person under a contract
56	56	described by Section 601.502(b) to perform required updates and
57	57	maintenance of the automatic license plate reader system software
58	58	and to analyze captured plate data as necessary to ensure effective
59	59	system performance.
60	60	Sec. 601.504. AFFIDAVIT. (a) A peace officer may verify by
61	61	sworn affidavit that a photograph generated by an automatic license
62	62	plate reader system identifies a particular vehicle operating on a
63	63	public roadway that was uninsured at the time the vehicle was being
64	64	operated.
65	65	(b) A peace officer may issue a citation to a person for a
66	66	violation of Section 601.191 based on an affidavit under Subsection
67	67	(a) of this section.
68	68	Sec. 601.505. USE OF CAPTURED PLATE DATA. (a) Captured
69	69	plate data collected or retained under the program through the use
70	70	of an automatic license plate reader system must be retained by a
71	71	law enforcement agency if the data is being used as evidence of a
72	72	violation of Section 601.191. If the captured plate data is no
73	73	longer needed as evidence of a violation, the data must be deleted
74	74	or otherwise destroyed.
75	75	(b) Captured plate data collected or retained by the
76	76	department or a law enforcement agency through the use of an
77	77	automatic license plate reader system, as authorized by this
78	78	subchapter, may not be used for a purpose other than enforcing
79	79	Section 601.191.
80	80	(c) The department, a law enforcement agency, and a person
81	81	under contract with the department under Section 601.502(b) may not
82	82	sell or share captured plate data for any purpose not expressly
83	83	authorized by this subchapter.
84	84	Sec. 601.506. USE OF AUTOMATIC LICENSE PLATE READER SYSTEM.
85	85	This subchapter does not prohibit the use of an automatic license
86	86	plate reader system by a person for a purpose not otherwise
87	87	prohibited by law.
88	88	Sec. 601.507. ANNUAL REPORT. Not later than January 1 of
89	89	each year, the department shall prepare a report on the
90	90	administration and results of the program during the previous
91	91	fiscal year. The report must include an evaluation of program
92	92	operations and any recommendations for legislative or other action.
93	93	The department shall:
94	94	(1) publish the report on the department's Internet
95	95	website; and
96	96	(2) deliver an electronic copy of the report to the
97	97	lieutenant governor and the speaker of the house of
98	98	representatives.
99	99	SECTION 2. This Act takes effect September 1, 2021.