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