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