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A BILL TO BE ENTITLED
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AN ACT
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relating to the authority of a school district to implement a |
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monitoring system that records images of vehicles that pass a |
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stopped school bus; providing for the imposition of civil |
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penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 547.701(b), Transportation Code, is |
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amended to read as follows: |
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(b) A school bus may be equipped with: |
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(1) rooftop warning lamps: |
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(A) that conform to and are placed on the bus in |
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accordance with specifications adopted under Section 34.002, |
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Education Code; and |
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(B) that are operated under rules adopted by the |
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school district; [and] |
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(2) movable stop arms: |
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(A) that conform to regulations adopted under |
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Section 34.002, Education Code; and |
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(B) that may be operated only when the bus is |
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stopped to load or unload students; and |
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(3) a monitoring system that: |
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(A) is capable of taking electronic or video |
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images of vehicles that pass the bus; |
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(B) conforms to regulations adopted under |
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Section 34.002, Education Code; and |
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(C) may be operated only when the bus is stopped |
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on a highway to load or unload students. |
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SECTION 2. Section 545.066, Transportation Code, is amended |
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by adding Subsection (g) to read as follows: |
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(g) An image recorded by the monitoring system authorized by |
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Section 547.701(b)(3) may be used in the prosecution of an offense |
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under this section if the image is otherwise admissible and the |
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image clearly shows the vehicle, including the license plate |
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attached to the vehicle, at the time the offense was alleged to have |
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occurred. |
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SECTION 3. Subchapter B, Chapter 545, Transportation Code, |
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is amended by adding Section 545.067 to read as follows: |
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Sec. 545.067. CIVIL PENALTY FOR PASSING SCHOOL BUS. (a) |
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The board of trustees of a school district by resolution may impose |
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a civil penalty on the registered owner of a vehicle that is |
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operated in a manner that violates Section 545.066 within the |
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school district. |
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(b) The resolution adopted under this section must: |
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(1) provide for a civil penalty of not less than $200 |
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or more than $1,000; |
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(2) authorize an attorney employed by the school |
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district or an attorney with whom the school district contracts to |
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bring suit to collect the penalty; |
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(3) provide for notice of the violation to the |
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registered owner of the motor vehicle that committed the violation; |
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(4) provide procedures by which the registered owner |
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of the motor vehicle may request an administrative adjudication |
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hearing to contest the imposition or the amount of the penalty; |
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(5) allow for the use of images recorded by the |
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monitoring system authorized by Section 547.701(b)(3); and |
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(6) provide for other procedures the board determines |
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are necessary for the imposition of a civil penalty authorized by |
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this section. |
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(c) Amounts collected from civil penalties imposed under |
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this section shall be deposited in the maintenance and operation |
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fund or general fund of the school district. |
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SECTION 4. This Act takes effect September 1, 2007. |