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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 school |
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bus monitoring system that records images, including images of |
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vehicles that pass a stopped school bus; providing for the |
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imposition of penalties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act shall be known as the Valerie Garcia |
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Act. |
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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 administrative |
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adjudication of a violation under this section if the image: |
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(1) is otherwise admissible; |
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(2) clearly shows the vehicle, including the license |
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plate attached to the vehicle, at the time the offense is alleged to |
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have occurred; and |
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(3) is accompanied by an affidavit executed by a peace |
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officer stating that the image is authentic and that establishes |
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probable cause that a violation occurred. |
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SECTION 3. Chapter 545, Transportation Code, is amended by |
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adding Subchapter J to read as follows: |
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SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM |
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Sec. 545.451. APPLICABILITY OF SUBCHAPTER. This subchapter |
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applies only to a county that has a population of more than 325,000 |
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and that is located adjacent to: |
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(1) an international border; and |
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(2) a county that has a population of more than |
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550,000. |
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Sec. 545.452. DEFINITIONS. In this subchapter: |
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(1) "Owner of a motor vehicle" means the owner of a |
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motor vehicle as shown on the motor vehicle registration records of |
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the Texas Department of Transportation or the analogous department |
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or agency of another state or country. |
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(2) "Recorded image" means a live or recorded |
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photographic, electronic, video, or digital image that depicts a |
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motor vehicle. |
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(3) "School bus monitoring system" means a system |
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authorized by Section 547.701(b)(3). |
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Sec. 545.453. AUTHORITY TO PROVIDE FOR PENALTY. (a) The |
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board of trustees of a school district by resolution may impose a |
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financial 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 penalty of not less than $1 or more |
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than $250; |
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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 that a person against whom the school |
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district seeks to impose a penalty is entitled to an administrative |
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adjudication hearing; |
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(5) designate the department, agency, or office of the |
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school district responsible for the enforcement and administration |
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of the resolution or provide that the entity with which the school |
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district enters into an interlocal agreement of understanding under |
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Section 545.454(3) is responsible for the enforcement and |
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administration of the resolution; |
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(6) provide regulations for the use of live or |
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recorded images recorded by the school bus monitoring system; and |
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(7) provide for other procedures that the board |
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determines are necessary for the imposition of any penalty |
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authorized by this section. |
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(c) Except as otherwise provided: |
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(1) by this subchapter, an image recorded by the |
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monitoring system authorized by Section 547.701(b)(3) that is not |
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used in the prosecution of an offense under this section shall be |
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destroyed by the owner of the school bus; or |
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(2) by Section 545.066(g), an image recorded by the |
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monitoring system authorized by Section 547.701(b)(3) may not be |
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sold or distributed to another person. |
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(d) Penalties collected under this section may be used by a |
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school district only to cover the cost of: |
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(1) installing, operating, and maintaining the school |
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bus monitoring system; |
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(2) collecting a penalty imposed under this section; |
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(3) developing and implementing a program that |
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promotes student safety; or |
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(4) complying with Section 547.701(e) relating to |
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three point seatbelts for school buses. |
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Sec. 545.454. INSTALLATION AND OPERATION OF SCHOOL BUS |
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MONITORING SYSTEM. A school district that implements a school bus |
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monitoring system and adopts a resolution imposing a penalty under |
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this subchapter may: |
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(1) contract for the administration and enforcement of |
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the system; |
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(2) install and operate the system or contract for the |
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installation or operation of the system; |
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(3) enter into an interlocal agreement with a |
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municipality or county in which the school district is located |
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regarding administrative adjudication hearings required by a |
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resolution adopted under this subchapter; or |
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(4) enter into an interlocal agreement with another |
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school district regarding the administration, enforcement, |
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installation, or operation of the system. |
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Sec. 545.455. GENERAL SURVEILLANCE PROHIBITED; OFFENSE. |
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(a) A school district shall operate a monitoring system authorized |
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by Section 547.701(b)(3) only for the purpose of detecting a |
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violation or suspected violation of Section 545.066 within the |
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school district. |
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(b) A person commits an offense if the person uses a school |
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bus monitoring system to produce a recorded image other than in the |
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manner and for the purpose specified by a resolution adopted under |
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Section 545.453. |
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(c) An offense under this section is a Class A misdemeanor. |
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Sec. 545.456. EFFECT ON OTHER ENFORCEMENT. (a) The |
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implementation of a school bus monitoring system by a school |
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district under this subchapter does not: |
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(1) preclude the application or enforcement within the |
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school district of Section 545.066 in the manner prescribed by |
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Chapter 543; or |
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(2) prohibit a peace officer from arresting a violator |
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of Section 545.066 as provided by Chapter 543 or from issuing the |
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violator a citation and notice to appear as provided by that |
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chapter. |
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(b) A school district may not impose a penalty under this |
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subchapter on the owner of a motor vehicle if the operator of the |
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vehicle was arrested or issued a citation and notice to appear by a |
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peace officer for the same violation of Section 545.066 recorded by |
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the school bus monitoring system. |
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Sec. 545.457. NOTICE OF VIOLATION; CONTENTS. (a) The |
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imposition of a penalty under this subchapter is initiated by the |
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mailing of a notice of violation to the owner of the motor vehicle |
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against whom the school district seeks to impose the penalty. |
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(b) Not later than the 30th day after the date the violation |
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is alleged to have occurred, the designated department, agency, or |
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office of the school district or the entity with which the school |
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district enters into an interlocal agreement under Section |
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545.454(3) shall mail the notice of violation to the owner of the |
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motor vehicle at: |
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(1) the owner's address as shown on the registration |
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records of the Texas Department of Transportation; or |
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(2) if the vehicle is registered in another state or |
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country, the owner's address as shown on the motor vehicle |
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registration records of the department or agency of the other state |
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or country analogous to the Texas Department of Transportation. |
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(c) The notice of violation must contain: |
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(1) a description of the violation alleged; |
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(2) the location where the violation occurred; |
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(3) the date and time of the violation; |
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(4) the name and address of the owner of the vehicle |
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involved in the violation; |
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(5) the registration number displayed on the license |
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plate of the vehicle involved in the violation; |
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(6) a copy of a recorded image of the violation that |
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includes a depiction of the registration number displayed on the |
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license plate of the vehicle involved in the violation; |
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(7) the amount of the penalty for which the owner is |
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liable; |
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(8) the number of days the person has in which to pay |
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or contest the imposition of the penalty; |
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(9) a statement that the owner of the vehicle in the |
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notice of violation may elect to pay the penalty instead of |
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appearing at the time and place of the administrative adjudication |
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hearing; and |
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(10) information that informs the owner of the vehicle |
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named in the notice of violation: |
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(A) of the owner's right to contest the |
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imposition of the penalty against the person in an administrative |
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adjudication hearing; |
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(B) that imposition of the penalty may be |
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contested by submitting a written request for an administrative |
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adjudication hearing before the expiration of the period specified |
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under Subdivision (8); and |
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(C) that failure to pay the penalty or to contest |
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liability for the penalty in a timely manner is an admission of |
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liability. |
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(d) A notice of violation is presumed to have been received |
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on the fifth day after the date the notice is mailed. |
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Sec. 545.458. PRESUMPTION. (a) It is presumed that the |
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owner of the motor vehicle committed the violation alleged in the |
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notice of violation mailed to the person if the motor vehicle |
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depicted in a recorded image taken by a school bus monitoring system |
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belongs to the owner of the motor vehicle. |
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(b) If, at the time of the violation alleged in the notice of |
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violation, the motor vehicle depicted in a recorded image taken by a |
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school bus monitoring system was owned by a person in the business |
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of selling, renting, or leasing motor vehicles or by a person who |
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was not the person named in the notice of violation, the presumption |
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under Subsection (a) is rebutted on the presentation of evidence |
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establishing that the vehicle was at that time: |
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(1) being test driven by another person; |
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(2) being rented or leased by the vehicle's owner to |
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another person; or |
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(3) owned by a person who was not the person named in |
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the notice of violation. |
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(c) Notwithstanding Section 545.459, the presentation of |
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evidence under Subsection (b) by a person who is in the business of |
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selling, renting, or leasing motor vehicles or did not own the |
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vehicle at the time of the violation must be made by affidavit, |
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through testimony at the administrative adjudication hearing under |
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Section 545.459, or by a written declaration under penalty of |
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perjury. The affidavit or written declaration may be submitted by |
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mail to the school district or the entity with which the school |
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district contracts under Section 545.454(1). |
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(d) If the presumption established by Subsection (a) is |
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rebutted under Subsection (b), a penalty may not be imposed on the |
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owner of the vehicle or the person named in the notice of violation, |
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as applicable. |
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(e) If, at the time of the violation alleged in the notice of |
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violation, the motor vehicle depicted in the recorded image taken |
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by the school bus monitoring system was owned by a person in the |
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business of renting or leasing motor vehicles and the vehicle was |
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being rented or leased to an individual, the owner of the motor |
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vehicle shall provide to the school district or the entity with |
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which the school district contracts under Section 545.454(1) the |
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name and address of the individual who was renting or leasing the |
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motor vehicle depicted in the recorded image and a statement of the |
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date and times during which that individual was renting or leasing |
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the vehicle. The owner shall provide the information required by |
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this subsection not later than the 30th day after the date the |
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notice of violation is received. If the owner provides the required |
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information, it is presumed that the individual renting or leasing |
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the motor vehicle committed the violation alleged in the notice of |
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violation and the school district or contractor may send a notice of |
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violation to that individual at an address provided by the owner of |
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the motor vehicle or from motor vehicle registration records. |
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Sec. 545.459. ADMINISTRATIVE ADJUDICATION HEARING. (a) A |
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person who receives a notice of violation under this subchapter may |
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contest the imposition of the penalty specified in the notice of |
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violation by filing a written request for an administrative |
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adjudication hearing. The request for a hearing must be filed on or |
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before the date specified in the notice of violation, which may not |
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be earlier than the 30th day after the date the notice of violation |
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was mailed. |
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(b) On receipt of a timely request for an administrative |
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adjudication hearing, the school district shall notify the person |
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of the date and time of the hearing. |
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(c) An administrative adjudication hearing under this |
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subchapter may be conducted by any justice of the peace court in a |
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county where the alleged violation of Section 545.066 within the |
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school district occurred. For purpose of establishing jurisdiction |
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for justice of the peace courts to conduct administrative |
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adjudication hearings under this subchapter, only a violation of |
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this subchapter is a case under Article 4.11(a), Code of Criminal |
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Procedure. |
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(d) In an administrative adjudication hearing, the issues |
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must be proven by a preponderance of the evidence. |
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(e) The reliability of the school bus monitoring system used |
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to produce the recorded image of the motor vehicle involved in the |
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violation may be attested to by affidavit of an officer or employee |
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of the school district or of the entity with which the school |
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district contracts under Section 545.454(1) who is responsible for |
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inspecting and maintaining the system. |
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(f) An affidavit of a peace officer that alleges a violation |
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based on an inspection of the applicable recorded image is: |
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(1) admissible in the administrative adjudication |
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hearing; and |
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(2) evidence of the facts contained in the affidavit. |
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(g) At the conclusion of the administrative adjudication |
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hearing, the hearing officer shall enter a finding of liability for |
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the penalty or a finding of no liability for the penalty. A finding |
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under this subsection must be in writing and be signed and dated by |
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the hearing officer. |
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(h) A finding of liability for a penalty must specify the |
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amount of the penalty for which the person is liable. If the |
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hearing officer enters a finding of no liability, a penalty for the |
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violation may not be imposed against the person. |
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(i) A finding of liability or a finding of no liability |
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entered under this section may: |
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(1) be filed with a person designated by the board of |
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trustees of the school district; and |
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(2) be recorded on microfilm or microfiche or using |
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data processing techniques. |
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Sec. 545.460. IMPOSITION OF PENALTY NOT A CONVICTION. The |
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imposition of a penalty under this subchapter is not a conviction |
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and may not be considered a conviction for any purpose. |
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Sec. 545.461. FAILURE TO PAY PENALTY. (a) If the owner of |
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the motor vehicle fails to timely pay the amount of the penalty |
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imposed against the owner: |
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(1) an arrest warrant may not be issued for the owner; |
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and |
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(2) the imposition of the penalty may not be recorded |
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on the owner's driving record. |
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(b) Notice of Subsection (a) must be included in the notice |
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of violation required by Section 545.456. |
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SECTION 4. Subsection (b), Section 547.701, Transportation |
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Code, is 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 live or recorded |
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photographic, electronic, video, or digital images of vehicles that |
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pass the bus when the bus is operating a visual signal as required |
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by this section; |
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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) is capable of producing a live or recorded |
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visual image of a person inside the bus that may be viewed from |
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another location or of taking photographic, electronic, video, or |
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digital images of a person inside the bus. |
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SECTION 5. Section 545.451, Transportation Code, as added |
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by this Act, expires September 1, 2013. |
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SECTION 6. This Act takes effect September 1, 2009. |