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A BILL TO BE ENTITLED
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AN ACT
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relating to school safety measures, including the authority of a |
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school district to implement a school bus monitoring system that |
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records images of vehicles that pass a stopped school bus; |
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authorizing a civil penalty; imposing a surcharge. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter Z, Chapter 29, Education Code, is |
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amended by adding Section 29.924 to read as follows: |
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Sec. 29.924. SCHOOL SAFETY GRANTS. (a) The commissioner |
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shall establish a competitive grant program to assist school |
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districts in implementing school safety measures. |
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(b) Grant funds awarded under this section may be used by a |
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grant recipient only to implement school safety measures. |
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(c) The commissioner may adopt rules on the use of grant |
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funds under this section, including rules determining eligibility, |
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award amount, and any restrictions. The commissioner may authorize |
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a grant recipient or a tax-exempt organization contracting with the |
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grant recipient to use grant funds for installing school bus |
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monitoring systems on school buses as authorized by Subchapter K, |
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Chapter 545, Transportation Code. |
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(d) In selecting grant recipients under this section, the |
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commissioner must consider the availability of existing resources, |
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including funds and equipment, to the school district. |
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(e) The commissioner may make grants under this section |
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using revenue from surcharges imposed under Section 545.502(b), |
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Transportation Code, and gifts, grants, and donations accepted by |
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the commissioner. A decision of the commissioner concerning the |
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amount of funds available for a grant is final and may not be |
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appealed. |
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SECTION 2. Chapter 545, Transportation Code, is amended by |
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adding Subchapter K to read as follows: |
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SUBCHAPTER K. SCHOOL BUS MONITORING SYSTEM |
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Sec. 545.501. 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) "School bus monitoring system" means a system |
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authorized by Section 547.701(b)(3). |
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Sec. 545.502. AUTHORITY TO PROVIDE FOR PENALTY. (a) The |
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board of trustees of a school district by resolution may provide |
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that the owner of a motor vehicle is liable to the school district |
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for a civil penalty if the vehicle passes a school bus in violation |
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of Section 545.066. The resolution must establish the amount of the |
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civil penalty. |
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(b) A school district may impose a civil penalty under this |
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section on the owner of a motor vehicle based solely on a |
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photographic image of the vehicle that: |
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(1) was taken by a camera installed on the school bus |
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for the purpose of detecting violations of Section 545.066; |
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(2) includes the vehicle's license plate; and |
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(3) shows the vehicle violating Section 545.066. |
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(c) If a school district imposes a civil penalty under |
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Subsection (b), the school district shall also impose a $25 |
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surcharge on each civil penalty. A surcharge collected under this |
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subsection shall be sent to the Texas Education Agency and may be |
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used only for the competitive grant program established under |
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Section 29.924, Education Code. |
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(d) Except as provided by Subsection (c), a school district |
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is entitled to all of the proceeds of the civil penalties collected |
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by the school district under this section. |
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(e) Civil penalties collected under this section may be used |
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by a school district to cover the cost of installing, operating, and |
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maintaining the school bus monitoring system. |
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Sec. 545.503. 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 under this subchapter may contract for the installation, |
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operation, administration, or enforcement of the system. |
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(b) All images and data produced from a school bus |
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monitoring system under this subchapter shall be destroyed not |
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later than the seventh day after the date of collection unless the |
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image or data is evidence in a civil proceeding under this |
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subchapter. Images or data used in a civil proceeding under this |
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subchapter shall be destroyed not later than the first anniversary |
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of the date of collection. |
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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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for the purpose of detecting violations of Section 545.066; |
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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, 2019. |