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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. 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 prosecution of an offense |
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under this section if the image is otherwise admissible and the |
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image clearly shows the vehicle, including the license plate |
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attached to the vehicle, at the time the offense was alleged to have |
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occurred. |
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SECTION 2. 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. 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 Motor Vehicles or the analogous department |
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or agency of another state or country. |
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(2) "Recorded image" means a photographic, |
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electronic, video, or digital image. |
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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. 545.452. 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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penalty on the registered owner of a vehicle that is operated in a |
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manner that violates Section 545.066 within the 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 $200 or more |
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than $1,000; |
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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 a hearing and: |
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(A) provide for the period in which the hearing |
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must be held; |
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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; and |
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(C) designate the department, agency, or office |
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of the school district responsible for the enforcement and |
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administration of the resolution or provide that the entity with |
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which the school district enters into a memorandum of understanding |
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under Section 545.453(3) is responsible for the enforcement and |
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administration of the resolution; |
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(5) allow for the use of images recorded by the school |
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bus monitoring system; and |
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(6) provide for other procedures the board determines |
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are necessary for the imposition of a penalty authorized by this |
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section. |
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(c) 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; and |
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(4) complying with Section 547.701(e). |
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Sec. 545.453. 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 under 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; and |
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(3) enter into a memorandum of understanding 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. |
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Sec. 545.454. 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 545.452. |
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(c) An offense under this section is a Class A misdemeanor. |
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Sec. 545.455. 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 in the |
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territory of the school district of Section 545.066 in the manner |
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prescribed by 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. 545.456. 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 a memorandum of understanding under Section |
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545.453(3) shall mail the notice 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 Motor Vehicles; 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 Motor Vehicles. |
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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. 545.457. 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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SECTION 3. Section 547.701(b), Transportation Code, is |
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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, |
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electronic, video, or digital images of vehicles that pass the bus; |
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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) may be operated only when the bus is stopped |
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on a highway to load or unload students. |
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SECTION 4. This Act takes effect September 1, 2011. |