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A BILL TO BE ENTITLED
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AN ACT
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relating to the installation, operation, and maintenance of |
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automatic license plate identification cameras on a highway; |
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providing for the imposition of criminal penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter C, Chapter 202, Transportation Code, |
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is amended by adding Section 202.061 to read as follows: |
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Sec. 202.061. AGREEMENT TO LOCATE CERTAIN CAMERAS ON |
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RIGHT-OF-WAY. (a) In this section, "automatic license plate |
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identification camera" means a camera that produces images on which |
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optical character recognition is used to read the license plate on a |
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vehicle. |
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(b) The department may enter into an agreement with the |
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Department of Public Safety, a federal law enforcement agency, or a |
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local law enforcement agency operating an automatic license plate |
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identification camera under the authority of a federal law |
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enforcement agency that authorizes the Department of Public Safety, |
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federal law enforcement agency, or local law enforcement agency to |
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install, maintain, and operate an automatic license plate |
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identification camera on the right-of-way of a state highway. |
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(c) An agreement under this section must: |
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(1) be in writing; |
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(2) list the location of each automatic license plate |
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identification camera to be installed on the state highway |
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right-of-way; |
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(3) list the responsibilities of each party to the |
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agreement; |
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(4) be for a fixed term; and |
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(5) be executed before an automatic license plate |
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identification camera is installed. |
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(d) The images produced from an automatic license plate |
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identification camera installed under an agreement authorized by |
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this section may be used only for the purpose of: |
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(1) enforcing: |
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(A) a penal law of this state, other than a |
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traffic law the violation of which is a misdemeanor punishable by |
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fine only; or |
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(B) a penal law of the United States; |
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(2) locating: |
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(A) an abducted child for whom the statewide |
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alert system authorized by Subchapter L, Chapter 411, Government |
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Code, has been activated; |
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(B) a missing senior citizen for whom a statewide |
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silver alert authorized by Subchapter M, Chapter 411, Government |
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Code, has been activated; or |
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(C) a person for whom an alert has been issued |
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under an executive order of the governor because the person has |
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seriously injured or killed a local, state, or federal law |
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enforcement officer; or |
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(3) prosecuting a criminal offense, other than a |
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traffic law the violation of which is a misdemeanor punishable by |
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fine only, if the images are otherwise admissible in a judicial |
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proceeding. |
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(e) A person commits an offense if the person uses an |
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automatic license plate identification camera to produce an image |
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other than in the manner and for the purpose specified by this |
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section. |
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(f) An offense under this section is a Class C misdemeanor. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2009. |