89R4954 AJZ-F

By: Bucy H.B. No. 2083

A BILL TO BE ENTITLED

AN ACT

relating to the use of automatic license plate reader systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle J, Title 7, Transportation Code, is amended by adding Chapter 732 to read as follows:

CHAPTER 732. AUTOMATIC LICENSE PLATE READER SYSTEMS

Sec. 732.001. DEFINITIONS. In this chapter:

(1) "Automatic license plate reader system" means a system of one or more mobile or fixed high-speed cameras used independently or in combination with software or a computer algorithm to convert an image of a license plate into computer-readable data.

(2) "Captured plate data" means global positioning system coordinates, dates and times, photographs, license plate numbers, vehicle characteristics, and any other data collected by an automatic license plate reader system.

(3) "Department" means the Department of Public Safety.

(4) "Governmental entity" means:

(A) this state, a political subdivision of the state, or an agency or department of the state or a political subdivision of the state; or

(B) an officer or employee of an entity described by Paragraph (A).

(5) "Secured area" means an area:

(A) that is enclosed by definite boundaries;

(B) that is not open to the public; and

(C) to which access is limited by specific access-control points.

Sec. 732.002. LIMITATIONS ON USE OF AUTOMATIC LICENSE PLATE READER SYSTEM. Except as provided by Section 732.003, a governmental entity may not operate an automatic license plate reader system or use captured plate data produced by the system for any purpose.

Sec. 732.003. AUTHORIZED USE OF AUTOMATIC LICENSE PLATE READER SYSTEM. (a) Subject to Subsection (b), a governmental entity may operate an automatic license plate reader system or use captured plate data produced by the system only for the following purposes:

(1) detecting or investigating a criminal offense punishable as a felony;

(2) identifying unregistered or uninsured motor vehicles;

(3) investigating a report of a missing person;

(4) identifying or recovering a stolen motor vehicle;

(5) collecting or enforcing tolls or enforcing parking requirements; or

(6) controlling access to a secured area.

(b) A governmental entity, or a person acting on behalf of a governmental entity, may not:

(1) operate an automatic license plate reader system for the purpose authorized under Subsection (a)(2) in a manner that intentionally targets individuals based on race, ethnicity, or income level or disproportionately targets those individuals in a manner that exceeds the applicable group's proportion of the overall population in the boundaries of the governmental entity's jurisdiction; or

(2) share captured plate data with, sell captured plate data to, provide captured plate data through a subscription to, transfer captured plate data to, or otherwise make captured plate data available to:

(A) a person that is not a governmental entity, except as provided by Subsection (d);

(B) a governmental entity for any purpose other than a purpose authorized under Subsection (a); or

(C) the federal government, or any agency, department, or person acting on behalf of the federal government.

(c) A governmental entity may not authorize a person acting on behalf of the entity under a contract to access captured plate data unless the contract specifically authorizes the access.

(d) A governmental entity or a defendant in a criminal case may apply for a court order from a court of competent jurisdiction to require the retention and disclosure of captured plate data. The governmental entity or defendant must offer specific and articulable facts showing that probable cause exists to believe the captured plate data is relevant to an ongoing criminal investigation involving a felony offense or a missing person.

Sec. 732.004. AUTHORIZED COMPARISON OF CAPTURED PLATE DATA TO CERTAIN DATABASES. (a) For the purposes authorized by Section 732.003, a governmental entity may compare captured plate data with data in the databases of:

(1) the Texas Department of Motor Vehicles;

(2) the criminal justice information system;

(3) the Texas Crime Information Center or the National Crime Information Center;

(4) the National Center for Missing and Exploited Children;

(5) the National Missing and Unidentified Persons System; and

(6) the Federal Bureau of Investigation.

(b) A governmental entity that uses an automatic license plate reader system in accordance with this chapter shall ensure that the entity is using current, updated databases described by Subsection (a) for each comparison of captured plate data described by this section.

Sec. 732.005. RETENTION OF CAPTURED PLATE DATA IN CERTAIN DATABASES. (a) Unless otherwise authorized by this section, a governmental entity shall destroy captured plate data in the possession of the entity not later than 48 hours after the time the data is collected.

(b) Captured plate data may be retained by a governmental entity as long as reasonably necessary if the captured plate data is:

(1) evidence in a criminal action that is pending final disposition;

(2) subject to a preservation request described by Subsection (c);

(3) subject to an order described by Subsection (c)(2); or

(4) subject to a warrant.

(c) A governmental entity that operates an automatic license plate reader system under this chapter, on receiving a written preservation request from a governmental entity or a defendant in a criminal proceeding, shall preserve specified captured plate data in the entity's possession until the later of:

(1) the seventh day after the date the request is received; or

(2) a date specified in a court order described by Section 732.003(d) addressing the required retention and disclosure of the captured plate data.

(d) A preservation request under Subsection (c) must:

(1) specify the camera for which captured plate data is requested to be preserved;

(2) specify the date and time period during which captured plate data is requested to be preserved; and

(3) include a sworn statement that the requestor will seek a court order for the retention and disclosure of the captured plate data that is the subject of the request not later than the 7th day after the date the request is submitted.

(e) A governmental entity that receives a written preservation request from a governmental entity or a defendant in a criminal proceeding but does not receive a court order described by Subsection (c)(2) shall notify the requestor on the eighth day after the date the request was received that the data that is the subject of the request has been destroyed.

Sec. 732.006. RULES. Each governmental entity that uses an automatic license plate reader system shall:

(1) adopt rules governing the use of the system, including rules prohibiting data collection and sharing that is not essential and rules protecting the security of captured plate data; and

(2) post the rules on the entity's Internet website.

Sec. 732.007. REPORT. Not later than January 1 of each year, each governmental entity that uses an automatic license plate reader system shall submit a report to the department regarding:

(1) the number of automatic license plate reader system readings made by the governmental entity;

(2) a list of databases under Section 732.004 to which the governmental entity compared captured plate data;

(3) the number of persons arrested and prosecuted for a criminal offense as a result of a comparison described by Subdivision (2);

(4) the number of written preservation requests received by the governmental entity under Section 732.005;

(5) the number of written preservation requests granted by the governmental entity;

(6) the number of court orders granting retention and disclosure of captured plate data received by the governmental entity; and

(7) any changes in the policies of the governmental entity that affect the privacy of individuals.

Sec. 732.008. CONFIDENTIALITY OF CAPTURED PLATE DATA. (a) Captured plate data is confidential and not subject to disclosure under Chapter 552, Government Code.

(b) Captured plate data that is released in violation of this section is not admissible in a judicial or government proceeding, unless the disclosure is in a criminal proceeding and the captured plate data is offered as exculpatory evidence.

(c) On presentation to a governmental entity that possesses captured plate data of a protective order protecting a person who is a registered owner of the vehicle, the captured plate data may not be disclosed to another governmental entity or a defendant in a criminal case unless specifically authorized by an order described by Section 732.003(d).

Sec. 732.009. CIVIL ACTION. (a) A person may bring an action against another person who violates this chapter or a rule adopted under this chapter for damages incurred as a result of the violation.

(b) A prevailing claimant in an action brought under this section is entitled to recover:

(1) either:

(A) actual damages, including damages for loss of business, personal injury and death, loss of reputation, and mental pain and suffering; or

(B) statutory damages in the amount of $1,000; and

(2) court costs and reasonable attorney's fees incurred in bringing the action.

(c) Sovereign and governmental immunity to suit and from liability is waived to the extent of liability created by this section.

SECTION 2. Section 732.009, Transportation Code, as added by this Act, applies only to a cause of action that accrues on or after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2025.