Bill Text: TX HB3929 | 2015-2016 | 84th Legislature | Comm Sub
Bill Title: Relating to the use of automatic license plate reader systems; creating a criminal offense.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-05-14 - Placed on General State Calendar [HB3929 Detail]
Download: Texas-2015-HB3929-Comm_Sub.html
| By: Fletcher | H.B. No. 3929 | ||
| Substitute the following for H.B. No. 3929: | |||
| By: White of Tyler | C.S.H.B. No. 3929 | ||
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| relating to the use of automatic license plate reader systems; | ||
| creating a criminal offense. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 411, Government Code, is | ||
| amended by adding Section 411.0094 to read as follows: | ||
| Sec. 411.0094. AUTOMATIC LICENSE PLATE READER SYSTEM. (a) | ||
| In this section: | ||
| (1) "Law enforcement agency" means an agency of the | ||
| state, or of a county, municipality, or other political subdivision | ||
| of the state, that employs peace officers to enforce criminal laws. | ||
| (2) "Automatic license plate reader system" means a | ||
| system of one or more mobile or fixed high-speed cameras used in | ||
| combination with computer algorithms to convert an image of a | ||
| license plate into computer-readable data. | ||
| (3) "Captured plate data" means global positioning | ||
| system coordinates, dates and times, photographs, license plate | ||
| numbers, and all other data collected by an automatic license plate | ||
| reader system. | ||
| (b) A law enforcement agency may use images and all related | ||
| captured plate data produced by an automatic license plate reader | ||
| system for the following law enforcement purposes: | ||
| (1) detecting or investigating a criminal offense; | ||
| (2) detecting or investigating a criminal violation of | ||
| a traffic law or vehicle compliance; | ||
| (3) investigating a report of a missing person; or | ||
| (4) investigating threats related to terrorism. | ||
| (5) in conjunction with an administrative hearing by a | ||
| law enforcement agency under the law enforcement agency's | ||
| administrative rules. | ||
| (6) crime analysis; or | ||
| (7) any other legitimate law enforcement purpose. | ||
| (c) The department and each law enforcement agency that uses | ||
| an automatic license plate reader system by rule or policy shall | ||
| establish an automatic license plate reader records retention | ||
| database to retain captured plate data. | ||
| (d) The department and each law enforcement agency that uses | ||
| an automatic license plate reader system shall adopt rules or | ||
| policies governing the use of the system, including rules: | ||
| (1) governing which law enforcement personnel may | ||
| search captured plate data; | ||
| (2) establishing an audit process to ensure that | ||
| captured plate data is used only for the law enforcement purposes | ||
| described by Subsection (b); and | ||
| (3) establishing procedures and safeguards to ensure | ||
| that law enforcement personnel with access to the automatic license | ||
| plate reader database are adequately screened and trained. | ||
| (e) Not later than January 31 of each year, each law | ||
| enforcement agency that uses a license plate reader system shall | ||
| submit a report for the preceding calendar year to the department | ||
| regarding: | ||
| (1) the total number of automatic license plate reader | ||
| system units that are used by the law enforcement agency; | ||
| (2) the number of automatic license plate reader | ||
| system readings made by the law enforcement agency; and | ||
| (3) a list of audits completed by the law enforcement | ||
| agency. | ||
| (f) Not later than September 1 of each year, the department | ||
| shall submit a report for the preceding calendar year to the | ||
| legislature that includes: | ||
| (1) the number of automatic license plate reader | ||
| system readings retained in the automatic license plate reader | ||
| system database; | ||
| (2) the number of requests for captured plate data | ||
| made to the department, including: | ||
| (A) the total number of requests and the number | ||
| of requests that resulted in a release of information; | ||
| (B) the total number of out-of-state requests and | ||
| the number of out-of-state requests that resulted in a release of | ||
| information; and | ||
| (C) the total number of federal requests and the | ||
| number of federal requests that resulted in a release of | ||
| information; | ||
| (3) any data breach or unauthorized use of the | ||
| automatic license plate reader system database; | ||
| (4) a list of audits completed by the department and | ||
| each law enforcement agency reporting to the department; and | ||
| (5) a summary of the information contained in the | ||
| reports submitted to the department under Subsection (e). | ||
| (g) Captured plate data is confidential and not subject to | ||
| disclosure under Chapter 552. | ||
| (h) Law enforcement personnel, as defined in Subsection | ||
| (d)(1), commits an offense if that person uses an image or any | ||
| related captured plate data produced by an automatic license plate | ||
| reader system for anything other than a valid law enforcement | ||
| purpose as listed in Subsection (b). An offense under this | ||
| subsection is a Class A misdemeanor. | ||
| (i) This act does not apply to cameras used to enforce a | ||
| civil penalty or traffic offenses nor does it restrict or prohibit | ||
| the use of a camera of any type, including those described in | ||
| Subsection (a), by any entity, including law enforcement, for the | ||
| investigation or enforcement of a civil action, civil penalty, a | ||
| civil traffic related offense or a criminal prosecution arising | ||
| from non-payment of a civil penalty or civil action. | ||
| SECTION 2. This Act takes effect September 1, 2015. | ||
