Bill Text: TX HB3999 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the use of automatic license plate readers by a law enforcement agency.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-20 - Referred to Homeland Security & Public Safety [HB3999 Detail]
Download: Texas-2023-HB3999-Introduced.html
| By: Harrison | H.B. No. 3999 | |
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| 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. | ||
