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A BILL TO BE ENTITLED
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AN ACT
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relating to the establishment of the Texas Uninsured Vehicle |
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Enforcement Program. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 601, Transportation Code, is amended by |
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adding Subchapter O to read as follows: |
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SUBCHAPTER O. TEXAS UNINSURED VEHICLE ENFORCEMENT PROGRAM |
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Sec. 601.501. DEFINITIONS. In this subchapter: |
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(1) "Automatic license plate reader system" means a |
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system that reads and records license plate numbers taken from |
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photographs. |
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(2) "Captured plate data" means data collected by an |
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automatic license plate reader system. |
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(3) "Law enforcement agency" means an agency of the |
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state or an agency of a political subdivision of the state |
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authorized by law to employ peace officers as defined by Article |
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2.12, Code of Criminal Procedure. |
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(4) "Program" means the Texas Uninsured Vehicle |
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Enforcement Program established under this chapter. |
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Sec. 601.502. IMPLEMENTATION OF PROGRAM; RULES. (a) The |
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department by rule shall, in consultation with law enforcement |
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agencies, establish the Texas Uninsured Vehicle Enforcement |
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Program to use automatic license plate reader systems to help law |
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enforcement agencies identify uninsured motor vehicles. |
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(b) The department may contract with a person to provide |
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necessary technology, equipment, and maintenance of automatic |
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license plate reader systems used in the program. |
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(c) Notwithstanding any other law, the department may: |
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(1) install an automatic license plate reader system |
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on appropriate infrastructure owned by this state or a political |
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subdivision of this state, including traffic signals, highway |
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signs, bridges, and overpasses; and |
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(2) use infrastructure described by Subdivision (1) as |
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necessary to ensure that an automatic license plate reader system |
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has access to the necessary power to operate. |
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(d) The department may enter into an interagency agreement |
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or memorandum of understanding with another state agency to |
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authorize the agency to access and use an automatic license plate |
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reader system installed under the program for a purpose within the |
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agency's statutory duties. An agency's access and use of an |
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automatic license plate reader system under this subsection may not |
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interfere with the operation of the system by the department or a |
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law enforcement agency for the purposes of the program. |
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Sec. 601.503. CAPTURED PLATE DATA COLLECTION. (a) The |
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department and law enforcement agencies may use automatic license |
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plate reader systems to collect captured plate data to enforce the |
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financial responsibility requirements of Section 601.191. |
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(b) The captured plate data may be accessed only by law |
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enforcement agencies and individuals authorized by the department. |
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(c) The department may authorize a person under a contract |
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described by Section 601.502(b) to perform required updates and |
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maintenance of the automatic license plate reader system software |
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and to analyze captured plate data as necessary to ensure effective |
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system performance. |
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Sec. 601.504. AFFIDAVIT. (a) A peace officer may verify by |
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sworn affidavit that a photograph generated by an automatic license |
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plate reader system identifies a particular vehicle operating on a |
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public roadway that was uninsured at the time the vehicle was being |
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operated. |
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(b) A peace officer may issue a citation to a person for a |
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violation of Section 601.191 based on an affidavit under Subsection |
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(a) of this section. |
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Sec. 601.505. USE OF CAPTURED PLATE DATA. (a) Captured |
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plate data collected or retained under the program through the use |
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of an automatic license plate reader system must be retained by a |
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law enforcement agency if the data is being used as evidence of a |
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violation of Section 601.191. If the captured plate data is no |
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longer needed as evidence of a violation, the data must be deleted |
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or otherwise destroyed. |
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(b) Captured plate data collected or retained by the |
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department or a law enforcement agency through the use of an |
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automatic license plate reader system, as authorized by this |
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subchapter, may not be used for a purpose other than enforcing |
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Section 601.191. |
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(c) The department, a law enforcement agency, and a person |
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under contract with the department under Section 601.502(b) may not |
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sell or share captured plate data for any purpose not expressly |
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authorized by this subchapter. |
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Sec. 601.506. USE OF AUTOMATIC LICENSE PLATE READER SYSTEM. |
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This subchapter does not prohibit the use of an automatic license |
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plate reader system by a person for a purpose not otherwise |
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prohibited by law. |
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Sec. 601.507. ANNUAL REPORT. Not later than January 1 of |
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each year, the department shall prepare a report on the |
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administration and results of the program during the previous |
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fiscal year. The report must include an evaluation of program |
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operations and any recommendations for legislative or other action. |
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The department shall: |
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(1) publish the report on the department's Internet |
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website; and |
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(2) deliver an electronic copy of the report to the |
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lieutenant governor and the speaker of the house of |
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representatives. |
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SECTION 2. This Act takes effect September 1, 2021. |