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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of automatic license plate reader systems; |
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creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0094 to read as follows: |
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Sec. 411.0094. AUTOMATIC LICENSE PLATE READER SYSTEM. (a) |
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In this section: |
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(1) "Automatic license plate reader system" means a |
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system of one or more mobile or fixed high-speed cameras used in |
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combination with computer algorithms to convert an image of a |
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license plate into computer-readable data. |
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(2) "Captured plate data" means global positioning |
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system coordinates, dates and times, photographs, license plate |
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numbers, and any other data collected by an automatic license plate |
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reader system. |
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(b) A law enforcement agency may use images and any related |
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captured plate data produced by an automatic license plate reader |
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system only for the following law enforcement purposes: |
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(1) detecting or investigating a criminal offense; |
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(2) detecting or investigating a violation of a |
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traffic law; |
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(3) investigating a report of a missing person; or |
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(4) investigating threats related to terrorism. |
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(c) The department by rule shall establish an automatic |
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license plate reader system database to retain captured plate data |
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that is being used for a law enforcement purpose listed under |
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Subsection (b). |
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(d) The department and each law enforcement agency that uses |
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an automatic license plate reader system shall adopt rules |
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governing the use of the system, including rules: |
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(1) governing which law enforcement personnel may |
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search captured plate data; |
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(2) establishing an audit process to ensure that |
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captured plate data is used only for the law enforcement purposes |
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described by Subsection (b); and |
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(3) establishing procedures and safeguards to ensure |
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that law enforcement personnel with access to the automatic license |
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plate reader database are adequately screened and trained. |
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(e) Not later than January 1 of each year, each law |
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enforcement agency that uses a license plate reader system shall |
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submit a report to the department regarding: |
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(1) the total number of automatic license plate reader |
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system units that are used by the law enforcement agency; |
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(2) the number of automatic license plate reader |
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system readings made by the law enforcement agency; and |
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(3) a list of audits completed by the law enforcement |
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agency. |
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(f) Not later than March 1 of each year, the department |
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shall submit a report to the legislature that includes: |
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(1) the number of automatic license plate reader |
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system readings retained in the automatic license plate reader |
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system database; |
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(2) the number of requests for captured plate data |
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made to the department, including: |
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(A) the total number of requests and the number |
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of requests that resulted in a release of information; |
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(B) the total number of out-of-state requests and |
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the number of out-of-state requests that resulted in a release of |
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information; and |
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(C) the total number of federal requests and the |
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number of federal requests that resulted in a release of |
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information; |
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(3) any data breach or unauthorized use of the |
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automatic license plate reader system database; |
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(4) a list of audits completed by the department and |
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each law enforcement agency reporting to the department; and |
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(5) a summary of the information contained in the |
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reports submitted to the department under Subsection (e). |
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(g) Captured plate data is confidential and not subject to |
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disclosure under Chapter 552. |
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(h) A person commits an offense if the person uses an image |
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or any related captured plate data produced by an automatic license |
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plate reader system for a purpose that is not listed in Subsection |
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(b). An offense under this subsection is a Class A misdemeanor. |
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SECTION 2. This Act takes effect September 1, 2015. |