2009S0484-1 02/25/09
 
  By: Lucio S.B. No. 2060
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to school bus safety, including the authority of a school
  district to implement a monitoring system that captures images of
  vehicles passing illegally; creating an offense and providing for
  the imposition of civil and criminal penalties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (b), Section 547.701, Transportation
  Code, is amended to read as follows:
         (b)  A school bus may be equipped with:
               (1)  rooftop warning lamps:
                     (A)  that conform to and are placed on the bus in
  accordance with specifications adopted under Section 34.002,
  Education Code; and
                     (B)  that are operated under rules adopted by the
  school district; [and]
               (2)  movable stop arms:
                     (A)  that conform to regulations adopted under
  Section 34.002, Education Code; and
                     (B)  that may be operated only when the bus is
  stopped to load or unload students; and
               (3)  a monitoring system that:
                     (A)  is capable of taking photographic or digital
  images, including video images, of vehicles that pass the bus when
  the bus is stopped to load and unload students;
                     (B)  is capable of producing a live visual image
  of a child inside the bus that can be viewed remotely; and
                     (C)  conforms to regulations adopted under
  Section 34.002, Education Code.
         SECTION 2.  Section 545.066, Transportation Code, is amended
  by adding Subsection (g) to read as follows:
         (g)  An image recorded by a school bus monitoring system
  described by Section 547.701(b)(3) may be used in the prosecution
  of an offense under this section if the image:
               (1)  is otherwise admissible as evidence;
               (2)  clearly shows the vehicle, including the license
  plate attached to the vehicle, at the time the offense was alleged
  to have occurred; and
               (3)  is accompanied by an affidavit executed by a peace
  officer who inspected the image attesting to its authenticity.
         SECTION 3.  Chapter 11, Education Code, is amended by adding
  Subchapter I to read as follows:
  SUBCHAPTER I.  CIVIL PENALTY FOR ILLEGALLY PASSING SCHOOL BUS
         Sec. 11.401.  DEFINITIONS. In this subchapter:
               (1)  "Local authority" means a county, municipality, or
  other local entity:
                     (A)  authorized to enact traffic laws under the
  laws of this state; and
                     (B)  within whose boundaries or extraterritorial
  jurisdiction a school district adopting a resolution under this
  subchapter is located.
               (2)  "Owner of a motor vehicle" means the owner of a
  motor vehicle as shown on the motor vehicle registration records of
  the Texas Department of Transportation or the analogous department
  or agency of another state or country.
               (3)  "School bus monitoring system" means a monitoring
  system described by Section 547.701(b)(3), Transportation Code.
         Sec. 11.402.  AUTHORITY TO PROVIDE FOR CIVIL PENALTY.  
  (a)  The board of trustees of a school district by resolution may
  impose a civil penalty on the owner of a motor vehicle operated in a
  manner that violates Section 545.066, Transportation Code.
         (b)  A resolution adopted under this section must:
               (1)  provide for a civil penalty of not less than $200
  or more than $1,000;
               (2)  authorize a local law enforcement agency, an
  attorney employed by the school district, or an attorney with whom
  the school district contracts to bring suit to collect the penalty;
               (3)  permit the use of images recorded by a school bus
  monitoring system only for the purposes described by Section
  11.404(a);
               (4)  provide that a person against whom the school
  district seeks to impose a penalty is entitled to an administrative
  adjudication hearing provided by the district or by a local
  authority with which the district enters into a memorandum of
  understanding under Section 11.403(a)(2) and:
                     (A)  specify the period in which the hearing must
  be held; and
                     (B)  provide for the appointment of a hearing
  officer with authority to administer oaths and issue orders
  compelling the attendance of witnesses and the production of
  documents;
               (5)  designate the department or office of the school
  district responsible for the enforcement and administration of the
  resolution or provide that a local law enforcement agency with
  which the school district enters into a memorandum of understanding
  under Section 11.403(a)(2) is responsible for the enforcement and
  administration of the resolution; and
               (6)  provide for other procedures the board determines
  necessary for the imposition of a penalty authorized by this
  section.
         (c)  Chapter 133, Local Government Code, does not apply to a
  civil penalty imposed under this subchapter.
         Sec. 11.403.  OPERATION OF SCHOOL BUS MONITORING SYSTEM.
  (a)  A school district that implements a school bus monitoring
  system may:
               (1)  install and operate the system or contract with a
  vendor for the installation or operation of the system; and
               (2)  enter into memoranda of understanding with:
                     (A)  a local authority regarding administrative
  adjudication hearings conducted under this subchapter; and
                     (B)  a local law enforcement agency regarding the
  collection of civil penalties imposed under this subchapter and the
  enforcement of Section 545.066, Transportation Code.
         (b)  A vendor that contracts with a school district for the
  operation of a school bus monitoring system must advise the
  district and appropriate law enforcement agencies of all
  information recorded by the system relating to a violation or
  suspected violation of Section 545.066, Transportation Code,
  within 24 hours after the occurrence of the violation or suspected
  violation.
         Sec. 11.404.  GENERAL SURVEILLANCE PROHIBITED; OFFENSE.  
  (a)  A school district may operate a school bus monitoring system
  only for the purpose of:
               (1)  detecting a violation or suspected violation of
  Section 545.066, Transportation Code;
               (2)  collecting a civil penalty imposed under this
  subchapter; and
               (3)  monitoring the safety of children on the bus.
         (b)  A person commits an offense if the person uses a school
  bus monitoring system to produce a recorded image other than in the
  manner and for the purpose specified by this subchapter.
         (c)  An offense under this section is a Class A misdemeanor.
         Sec. 11.405.  USE OF REVENUE. Revenue from penalties
  imposed by a school district under this subchapter must be
  deposited in the maintenance and operation fund or the general fund
  of the district to pay, as necessary, costs related to school bus
  monitoring systems, including:
               (1)  the costs of:
                     (A)  purchasing, leasing, or installing equipment
  that is part of, or that is used in connection with, a system,
  including labor costs; and
                     (B)  operating and maintaining a system,
  including the costs of creating, distributing, and delivering
  violation notices, reviewing violations conducted by district
  employees, and processing fine payments and collections, and costs
  associated with administrative adjudications and appeals; and
               (2)  as applicable, amounts due:
                     (A)  a vendor contracting with the district under
  Section 11.403(a)(1); and
                     (B)  a local law enforcement agency or a local
  authority that enters into a memorandum of understanding with the
  district under Section 11.403(a)(2).
         Sec. 11.406.  NOTICE OF VIOLATION; CONTENTS.  (a)  The
  imposition of a civil penalty under this subchapter is initiated by
  the mailing of a notice of violation to the owner of the motor
  vehicle against whom the school district seeks to impose the
  penalty.
         (b)  Not later than the 30th day after the date the violation
  is alleged to have occurred, the designated department or office of
  the school district, or, if applicable, the local law enforcement
  agency with which the school district has entered into a memorandum
  of understanding under Section 11.403(a)(2), shall mail the notice
  of violation to the owner at:
               (1)  the owner's address as shown on the registration
  records of the Texas Department of Transportation; or
               (2)  if the vehicle is registered in another state or
  country, the owner's address as shown on the motor vehicle
  registration records of the department or agency of the other state
  or country analogous to the Texas Department of Transportation.
         (c)  The notice of violation must contain:
               (1)  a description of the violation alleged;
               (2)  the date, time, and location of the violation;
               (3)  the name and address of the owner of the vehicle
  involved in the violation;
               (4)  the registration number displayed on the license
  plate of the vehicle involved in the violation;
               (5)  a copy of a recorded image of the violation limited
  solely to a depiction of the area of the registration number
  displayed on the license plate of the vehicle involved in the
  violation;
               (6)  the amount of the civil penalty for which the owner
  is liable;
               (7)  the number of days the person has in which to pay
  or contest the imposition of the civil penalty;
               (8)  a statement that the owner of the vehicle
  specified in the notice of violation may elect to pay the civil
  penalty by mail sent to a specified address instead of appearing at
  the time and place of the administrative adjudication hearing; and
               (9)  information that informs the owner of the vehicle
  named in the notice of violation:
                     (A)  of the owner's right to contest the
  imposition of the civil penalty against the person in an
  administrative adjudication hearing;
                     (B)  that imposition of the civil penalty may be
  contested by submitting a written request for an administrative
  adjudication hearing before the expiration of the period specified
  under Subdivision (7); and
                     (C)  that failure to pay the civil penalty or to
  contest liability for the penalty in a timely manner is an admission
  of liability and a waiver of the owner's right to appeal the
  imposition of the civil penalty and court costs.
         (d)  A notice of violation is presumed to have been received
  on the fifth day after the date the notice is mailed.
         Sec. 11.407.  ADMISSION OF LIABILITY.  A person who fails to
  pay the civil penalty or to contest liability for the penalty in a
  timely manner, or who requests an administrative adjudication
  hearing to contest the imposition of the civil penalty against the
  person and fails to appear at that hearing, is considered to:
               (1)  admit liability for the full amount of the civil
  penalty stated in the notice of violation mailed to the person; and
               (2)  waive the person's right to appeal the imposition
  of the civil penalty.
         Sec. 11.408.  PRESUMPTION.  (a)  It is presumed that the
  owner of the motor vehicle committed the violation alleged in a
  notice of violation mailed to the person under Section 11.406 if the
  motor vehicle depicted in a photograph or digital image taken by a
  school bus monitoring system belongs to the owner of the motor
  vehicle.
         (b)  If, at the time of the violation alleged in the notice of
  violation, the motor vehicle depicted in a photograph or digital
  image taken by a school bus monitoring system was owned by a person
  in the business of selling, renting, or leasing motor vehicles or by
  a person who was not the person named in the notice of violation,
  the presumption under Subsection (a) is rebutted on the
  presentation of evidence establishing that the vehicle was at that
  time:
               (1)  being test-driven by another person;
               (2)  being rented or leased by the vehicle's owner to
  another person; or
               (3)  owned by a person who was not the person named in
  the notice of violation.
         (c)  Notwithstanding Section 11.409, the presentation of
  evidence under Subsection (b) by a person who is in the business of
  selling, renting, or leasing motor vehicles or who did not own the
  vehicle at the time of the violation must be made by affidavit,
  through testimony at an administrative adjudication hearing under
  Section 11.409, or by a written declaration under penalty of
  perjury.  The affidavit or written declaration may be submitted by
  mail to the school district, or, if appropriate, to the local law
  enforcement agency with which the district has entered into a
  memorandum of understanding under Section 11.403(a)(2).
         (d)  If the presumption established by Subsection (a) is
  rebutted under Subsection (b), a civil penalty may not be imposed on
  the owner of the motor vehicle or the person named in the notice of
  violation, as applicable.
         (e)  If, at the time of the violation alleged in a notice of
  violation, the motor vehicle depicted in the photograph or digital
  image taken by the school bus monitoring system was owned by a
  person in the business of renting or leasing motor vehicles and the
  vehicle was being rented or leased to an individual, the owner of
  the motor vehicle shall provide to the school district, or, if
  appropriate, to the local law enforcement agency with which the
  district has entered into a memorandum of understanding under
  Section 11.403(a)(2), the name and address of the individual who
  was renting or leasing the motor vehicle depicted in the photograph
  or digital image and a statement of the period during which that
  individual was renting or leasing the vehicle.  The owner shall
  provide the information required by this subsection not later than
  the 30th day after the date the notice of violation is received.  If
  the owner provides the required information, it is presumed that
  the individual renting or leasing the motor vehicle committed the
  violation alleged in the notice of violation and the school
  district or local law enforcement agency may send a notice of
  violation to that individual at the address provided by the owner of
  the motor vehicle.
         Sec. 11.409.  ADMINISTRATIVE ADJUDICATION HEARING.  (a)  A
  person who receives a notice of violation under this subchapter may
  contest the imposition of the civil penalty specified in the notice
  of violation by filing a written request for an administrative
  adjudication hearing.  The request for a hearing must be filed on or
  before the date specified in the notice of violation, which may not
  be earlier than the 30th day after the date the notice of violation
  was mailed.
         (b)  On receipt of a timely request for an administrative
  adjudication hearing, the school district shall, after consulting
  with the local authority, if appropriate, notify the person of the
  date and time of the hearing.
         (c)  A hearing officer designated by the school district or
  the local authority shall conduct the administrative adjudication
  hearing.
         (d)  In an administrative adjudication hearing, the issues
  must be proven by a preponderance of the evidence.
         (e)  The reliability of the school bus monitoring system used
  to produce the recorded image of the motor vehicle involved in the
  violation may be attested to by affidavit of an officer or employee
  of the school district, or, if appropriate, of the vendor with which
  the district contracts under Section 11.403(a)(1) and that is
  responsible for operating and maintaining the system.
         (f)  An affidavit of an officer or employee of the school
  district, or, if appropriate, of a peace officer employed by a local
  law enforcement agency with which the district has entered into a
  memorandum of understanding under Section 11.403(a)(2), that
  alleges a violation based on an inspection of the applicable
  recorded image is:
               (1)  admissible in the administrative adjudication
  hearing and in an appeal under Section 11.411; and
               (2)  evidence of the facts contained in the affidavit.
         (g)  At the conclusion of the administrative adjudication
  hearing, the hearing officer shall enter a finding of liability for
  the civil penalty or a finding of no liability for the civil
  penalty. A finding under this subsection must be in writing and be
  signed and dated by the hearing officer.
         (h)  A finding of liability for a civil penalty must specify
  the amount of the civil penalty for which the person is liable. If
  the hearing officer enters a finding of no liability, a civil
  penalty for the violation may not be imposed against the person.
         (i)  A finding of liability or a finding of no liability
  entered under this section may:
               (1)  be filed with the school district, with the clerk
  or secretary of the local authority, or with a person designated by
  the governing body of the local authority, as appropriate; and
               (2)  be recorded on microfilm, microfiche, or any other
  electronic storage media.
         Sec. 11.410.  UNTIMELY REQUEST FOR ADMINISTRATIVE
  ADJUDICATION HEARING.  Notwithstanding any other provision of this
  subchapter, a person who receives a notice of violation under this
  subchapter and who fails to timely pay the amount of the civil
  penalty or fails to timely request an administrative adjudication
  hearing is entitled to an administrative adjudication hearing if:
               (1)  the person submits a written request for the
  hearing to the designated hearing officer, accompanied by an
  affidavit that attests to the date on which the person received the
  notice of violation; and
               (2)  the written request and affidavit are submitted to
  the hearing officer within the same number of days after the date
  the person received the notice of violation as specified under
  Section 11.406(c)(7).
         Sec. 11.411.  APPEAL.  (a)  The owner of a motor vehicle
  determined by a hearing officer to be liable for a civil penalty may
  appeal that determination to a judge by filing an appeal petition
  with the clerk of the court.  The petition must be filed with:
               (1)  a justice court of the county in which the school
  district is located; or
               (2)  if the school district is located within a
  municipality, the municipal court of the municipality.
         (b)  The petition must be:
               (1)  filed before the 31st day after the date on which
  the administrative adjudication hearing officer entered the
  finding of liability for the civil penalty; and
               (2)  accompanied by payment of the costs required by
  law for the court.
         (c)  The court clerk shall schedule a hearing and notify the
  owner of the motor vehicle and the school district, or, if
  appropriate, the local law enforcement agency with which the
  district has entered into a memorandum of understanding under
  Section 11.403(a)(2), of the date, time, and place of the hearing.
         (d)  An appeal stays enforcement and collection of the civil
  penalty imposed against the owner of the motor vehicle.  The owner
  must file a notarized statement of personal financial obligation to
  perfect the owner's appeal.
         (e)  An appeal under this section shall be determined by the
  court by trial de novo.
         Sec. 11.412.  ENFORCEMENT. If the owner of a motor vehicle
  is delinquent in the payment of a civil penalty imposed under this
  subchapter, the county assessor-collector or the Texas Department
  of Transportation may refuse to register a motor vehicle alleged to
  have been involved in the violation.
         Sec. 11.413.  IMPOSITION OF CIVIL PENALTY NOT A CONVICTION.  
  The imposition of a civil penalty under this subchapter is not a
  conviction and may not be considered a conviction for any purpose.
         Sec. 11.414.  FAILURE TO PAY CIVIL PENALTY.  If the owner of
  the motor vehicle fails to timely pay the amount of the civil
  penalty imposed against the owner:
               (1)  an arrest warrant may not be issued for the owner;
  and
               (2)  the imposition of the civil penalty may not be
  recorded on the owner's driving record.
         SECTION 4.  Subsection (a), Section 27.031, Government Code,
  is amended to read as follows:
         (a)  In addition to the jurisdiction and powers provided by
  the constitution and other law, the justice court has original
  jurisdiction of:
               (1)  civil matters in which exclusive jurisdiction is
  not in the district or county court and in which the amount in
  controversy is not more than $10,000, exclusive of interest;
               (2)  cases of forcible entry and detainer;
               (3)  foreclosure of mortgages and enforcement of liens
  on personal property in cases in which the amount in controversy is
  otherwise within the justice court's jurisdiction; and
               (4)  cases arising under Chapter 707, Transportation
  Code, and Chapter 11, Education Code, outside a municipality's
  territorial limits.
         SECTION 5.  Subsection (g), Section 29.003, Government Code,
  is amended to read as follows:
         (g)  A municipal court, including a municipal court of
  record, shall have exclusive appellate jurisdiction within the
  municipality's territorial limits in a case arising under Chapter
  707, Transportation Code, or Chapter 11, Education Code.
         SECTION 6.  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.