81R14198 JD-D
 
  By: Sheffield, Gattis, Laubenberg, H.B. No. 575
      Turner of Harris, Edwards, et al.
 
  Substitute the following for H.B. No. 575:
 
  By:  Pickett C.S.H.B. No. 575
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a prohibition on the disclosure and use of certain
  information recorded or collected by a transponder used to
  electronically assess or collect a toll.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 228.057, Transportation Code, is amended
  by adding Subsection (g) to read as follows:
         (g)  This subsection applies only to the prosecution of an
  offense under this code of which vehicle speed is an element.  Trip
  data consisting of vehicle speed information that was recorded or
  collected by a transponder may not:
               (1)  be 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
               (2)  be used in a prosecution of the operator of the
  vehicle on which the transponder was placed.
         SECTION 2.  (a)  The change in law made by this Act applies
  only to the prosecution of an offense that occurs on or after the
  effective date of this Act.  For purposes of this section, an
  offense was committed before the effective date of this Act if any
  element of the offense occurred before that date.
         (b)  Prosecution of an offense committed before the
  effective date of this Act is covered by the law in effect when the
  offense was committed, and the former law is continued in effect for
  that purpose.
         SECTION 3.  This Act takes effect September 1, 2009.