BILL ANALYSIS

Senate Research Center                                                                                                       H.B. 570

80R2816 JTS-D                                                                                            By: Leibowitz (Carona)

Transportation & Homeland Security

4/21/2007

Engrossed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

Currently, there is no law that prevents information derived from a license plate picture taken at a toll road booth from being used for commercial solicitation purposes.  When a vehicle passes a toll road booth at night a camera takes a picture of the vehicle's license plate.  If a person does not pay at a toll booth or use a toll tag, the license plate information is accessed and a bill is sent to the registrant for using the toll lane.

H.B. 570 specifically states that license plate information gathered manually or by automated enforcement technology can only be used for toll collection, toll collection enforcement, and law enforcement purposes.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subtitle G, Title 6, Transportation Code, by adding Chapter 371, as follows:

CHAPTER 371.  PROVISIONS APPLICABLE TO MORE THAN                                             ONE TYPE OF TOLL PROJECT

SUBCHAPTER A.  GENERAL PROVISIONS

Sec. 371.001.  DEFINITIONS.  Defines "toll project" and "toll project entity." 

[Reserves Sections 371.002-371.050 for expansion.]

SUBCHAPTER B.  TOLL PROJECT OPERATION

Sec. 371.051.  USE OF MOTOR VEHICLE REGISTRATION OR LICENSE PLATE INFORMATION.  (a)  Prohibits a toll project entity from using motor vehicle registration or other information derived from a license plate on a vehicle using a toll project, including information obtained by the use of automated enforcement technology described by Section 228.058 (Automated Enforcement Technology), for all purposes other than those related to toll collection and toll collection enforcement and law enforcement purposes on request by a law enforcement agency, subject to Section 228.058(d) (regarding evidence related to automated enforcement technology).

(b)  Requires the agreement, if a toll project enters into an agreement with an entity in another state that involves the exchange of motor vehicle registration or license plate information for toll collection or toll collection enforcement purposes, to provide that the information is prohibited from being used for purposes other than those described in Subsection (a).

SECTION 2.  Effective date: upon passage or September 1, 2007.