| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of automatic license plate readers by a law |
|
|
enforcement agency. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 750, Transportation Code, is amended by |
|
|
adding Section 750.004 to read as follows: |
|
|
Sec. 750.004. AUTOMATIC LICENSE PLATE READER. (a) In this |
|
|
section, "automatic license plate reader" means a system that reads |
|
|
and records license plate numbers taken from digital photographs. |
|
|
(b) A law enforcement agency may use an automatic license |
|
|
plate reader only as authorized by a warrant or court order. |
|
|
(c) Images and any related data produced from an automatic |
|
|
license plate reader used by a law enforcement agency may be used |
|
|
only for the purpose of investigating a criminal offense that is a |
|
|
violent offense as defined in Article 17.50(a)(3), Code of Criminal |
|
|
Procedure. |
|
|
(d) Images and any related data produced from an automatic |
|
|
license plate reader used by a law enforcement agency must be |
|
|
destroyed promptly after collection unless the image or data is |
|
|
from a motor vehicle that: |
|
|
(1) is involved in a criminal offense described by |
|
|
Subsection (c) or an ongoing criminal investigation of such an |
|
|
offense; or |
|
|
(2) is registered to a person who is involved in a |
|
|
criminal offense described by Subsection (c) or an ongoing criminal |
|
|
investigation of such an offense. |
|
|
(e) A law enforcement agency may not enter into an agreement |
|
|
with a person to provide images or any related data produced from an |
|
|
automatic license plate reader to the person except for a purpose |
|
|
otherwise authorized by this section. |
|
|
(f) A law enforcement agency that uses an automatic license |
|
|
plate reader in accordance with this section shall: |
|
|
(1) adopt a policy regarding the agency's use of |
|
|
automatic license plate readers; |
|
|
(2) annually compile a report regarding the agency's |
|
|
use of automatic license plate readers, including: |
|
|
(A) the number of license plates scanned by the |
|
|
agency; and |
|
|
(B) the number of license plate scans that the |
|
|
agency used in an investigation that led to the arrest or |
|
|
prosecution of a person; and |
|
|
(3) annually publish the policy described by |
|
|
Subdivision (1) and the report described by Subdivision (2) on the |
|
|
agency's publicly accessible Internet website. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |