87R4914 AJZ-F
By: Lucio III H.B. No. 1119
A BILL TO BE ENTITLED
AN ACT
relating to the establishment of the Texas Uninsured Vehicle
Enforcement Program.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 601, Transportation Code, is amended by
adding Subchapter O to read as follows:
SUBCHAPTER O. TEXAS UNINSURED VEHICLE ENFORCEMENT PROGRAM
Sec. 601.501. DEFINITIONS. In this subchapter:
(1) "Automatic license plate reader system" means a
system that reads and records license plate numbers taken from
photographs.
(2) "Captured plate data" means data collected by an
automatic license plate reader system.
(3) "Law enforcement agency" means an agency of the
state or an agency of a political subdivision of the state
authorized by law to employ peace officers as defined by Article
2.12, Code of Criminal Procedure.
(4) "Program" means the Texas Uninsured Vehicle
Enforcement Program established under this chapter.
Sec. 601.502. IMPLEMENTATION OF PROGRAM; RULES. (a) The
department by rule shall, in consultation with law enforcement
agencies, establish the Texas Uninsured Vehicle Enforcement
Program to use automatic license plate reader systems to help law
enforcement agencies identify uninsured motor vehicles.
(b) The department may contract with a person to provide
necessary technology, equipment, and maintenance of automatic
license plate reader systems used in the program.
(c) Notwithstanding any other law, the department may:
(1) install an automatic license plate reader system
on appropriate infrastructure owned by this state or a political
subdivision of this state, including traffic signals, highway
signs, bridges, and overpasses; and
(2) use infrastructure described by Subdivision (1) as
necessary to ensure that an automatic license plate reader system
has access to the necessary power to operate.
(d) The department may enter into an interagency agreement
or memorandum of understanding with another state agency to
authorize the agency to access and use an automatic license plate
reader system installed under the program for a purpose within the
agency's statutory duties. An agency's access and use of an
automatic license plate reader system under this subsection may not
interfere with the operation of the system by the department or a
law enforcement agency for the purposes of the program.
Sec. 601.503. CAPTURED PLATE DATA COLLECTION. (a) The
department and law enforcement agencies may use automatic license
plate reader systems to collect captured plate data to enforce the
financial responsibility requirements of Section 601.191.
(b) The captured plate data may be accessed only by law
enforcement agencies and individuals authorized by the department.
(c) The department may authorize a person under a contract
described by Section 601.502(b) to perform required updates and
maintenance of the automatic license plate reader system software
and to analyze captured plate data as necessary to ensure effective
system performance.
Sec. 601.504. AFFIDAVIT. (a) A peace officer may verify by
sworn affidavit that a photograph generated by an automatic license
plate reader system identifies a particular vehicle operating on a
public roadway that was uninsured at the time the vehicle was being
operated.
(b) A peace officer may issue a citation to a person for a
violation of Section 601.191 based on an affidavit under Subsection
(a) of this section.
Sec. 601.505. USE OF CAPTURED PLATE DATA. (a) Captured
plate data collected or retained under the program through the use
of an automatic license plate reader system must be retained by a
law enforcement agency if the data is being used as evidence of a
violation of Section 601.191. If the captured plate data is no
longer needed as evidence of a violation, the data must be deleted
or otherwise destroyed.
(b) Captured plate data collected or retained by the
department or a law enforcement agency through the use of an
automatic license plate reader system, as authorized by this
subchapter, may not be used for a purpose other than enforcing
Section 601.191.
(c) The department, a law enforcement agency, and a person
under contract with the department under Section 601.502(b) may not
sell or share captured plate data for any purpose not expressly
authorized by this subchapter.
Sec. 601.506. USE OF AUTOMATIC LICENSE PLATE READER SYSTEM.
This subchapter does not prohibit the use of an automatic license
plate reader system by a person for a purpose not otherwise
prohibited by law.
Sec. 601.507. ANNUAL REPORT. Not later than January 1 of
each year, the department shall prepare a report on the
administration and results of the program during the previous
fiscal year. The report must include an evaluation of program
operations and any recommendations for legislative or other action.
The department shall:
(1) publish the report on the department's Internet
website; and
(2) deliver an electronic copy of the report to the
lieutenant governor and the speaker of the house of
representatives.
SECTION 2. This Act takes effect September 1, 2021.