By: Harrison H.B. No. 3999
A BILL TO BE ENTITLED
AN ACT
relating to the use of automatic license plate readers by a law
enforcement agency.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 750, Transportation Code, is amended by
adding Section 750.004 to read as follows:
Sec. 750.004. AUTOMATIC LICENSE PLATE READER. (a) In this
section, "automatic license plate reader" means a system that reads
and records license plate numbers taken from digital photographs.
(b) A law enforcement agency may use an automatic license
plate reader only as authorized by a warrant or court order.
(c) Images and any related data produced from an automatic
license plate reader used by a law enforcement agency may be used
only for the purpose of investigating a criminal offense that is a
violent offense as defined in Article 17.50(a)(3), Code of Criminal
Procedure.
(d) Images and any related data produced from an automatic
license plate reader used by a law enforcement agency must be
destroyed promptly after collection unless the image or data is
from a motor vehicle that:
(1) is involved in a criminal offense described by
Subsection (c) or an ongoing criminal investigation of such an
offense; or
(2) is registered to a person who is involved in a
criminal offense described by Subsection (c) or an ongoing criminal
investigation of such an offense.
(e) A law enforcement agency may not enter into an agreement
with a person to provide images or any related data produced from an
automatic license plate reader to the person except for a purpose
otherwise authorized by this section.
(f) A law enforcement agency that uses an automatic license
plate reader in accordance with this section shall:
(1) adopt a policy regarding the agency's use of
automatic license plate readers;
(2) annually compile a report regarding the agency's
use of automatic license plate readers, including:
(A) the number of license plates scanned by the
agency; and
(B) the number of license plate scans that the
agency used in an investigation that led to the arrest or
prosecution of a person; and
(3) annually publish the policy described by
Subdivision (1) and the report described by Subdivision (2) on the
agency's publicly accessible Internet website.
SECTION 2. This Act takes effect September 1, 2023.