BILL ANALYSIS
Senate Research Center S.B. 713
81R1657 JD-D By: Carona
Transportation & Homeland Security
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Under current law, electronic toll collection customer account information, including contact and payment information and trip data, is confidential and not subject to disclosure under Chapter 552 (Public Information), Government Code. However, Section 228.057 (Electronic Toll Collection), Transportation Code, does not prohibit the use of this information for the purposes of enforcing speed limits.
This legislation makes it clear that information collected by the transponder on a toll road cannot be used to enforce speed. The 80th Legislature prohibited the use of cameras to enforce speed in municipalities and this legislation is consistent with that policy.
RULEMAKING AUTHORITY
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 228.057, Transportation Code, by adding Subsection (g), to provide that this subsection applies only to the prosecution of an offense of which vehicle speed is an element. Prohibits trip data consisting of vehicle speed information that was recorded or collected by a transponder from being disclosed to a peace officer or a law enforcement agency of this state for the purpose of prosecuting the operator of the vehicle on which the transponder was placed or from being used in a prosecution of the operator of the vehicle on which the transponder was placed.
SECTION 2. Makes application of this Act prospective.
SECTION 3. Effective date: September 1, 2009.