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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 readers by |
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governmental entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 750, Transportation Code, is amended by |
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adding Section 750.004 to read as follows: |
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Sec. 750.004. AUTOMATIC LICENSE PLATE READER PROHIBITED; |
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CIVIL ACTION AUTHORIZED. (a) In this section: |
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(1) "Automatic license plate reader" means a system |
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that reads and records license plate numbers taken from digital |
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photographs. |
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(2) "Governmental entity" means: |
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(A) this state, a political subdivision of the |
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state, or an agency or department of the state or a political |
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subdivision of the state; or |
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(B) an officer or employee of an entity described |
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by Paragraph (A). |
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(b) A governmental entity may not use an automatic license |
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plate reader. |
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(c) A person may bring an action against another person who |
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violates this section for damages incurred as a result of the |
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violation. |
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(d) A prevailing claimant in an action brought under this |
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section is entitled to recover: |
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(1) either: |
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(A) actual damages, including damages for loss of |
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business, personal injury, loss of reputation, and mental pain and |
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suffering; or |
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(B) statutory damages in the amount of $1,000; |
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and |
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(2) court costs and reasonable attorney's fees |
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incurred in bringing the action. |
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(e) Sovereign and governmental immunity to suit and from |
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liability is waived to the extent of liability created by this |
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section. |
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SECTION 2. Section 750.004, Transportation Code, as added |
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by this Act, applies only to a cause of action that accrues on or |
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after the effective date of this Act. |
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SECTION 3. This Act takes effect September 1, 2027. |