Bill Text: TX HB859 | 2017-2018 | 85th Legislature | Introduced

---

Bill Title: Relating to the authority of a school district to implement a school bus monitoring system that records images, including images of vehicles that pass a stopped school bus; creating an offense; providing for the imposition of penalties.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-02-23 - Referred to Transportation [HB859 Detail]

Download: Texas-2017-HB859-Introduced.html

---

85R4183 AJZ-D
By: Longoria H.B. No. 859

A BILL TO BE ENTITLED
AN ACT
relating to the authority of a school district to implement a school
bus monitoring system that records images, including images of
vehicles that pass a stopped school bus; creating an offense;
providing for the imposition of penalties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 545.066, Transportation Code, is amended
by adding Subsection (g) to read as follows:
(g) An image recorded by the monitoring system authorized by
Section 547.701(b)(3) may be used in the prosecution of an offense
under this section if the image is otherwise admissible and the
image clearly shows the vehicle, including the license plate
attached to the vehicle, at the time the offense was alleged to have
occurred.
SECTION 2. Chapter 545, Transportation Code, is amended by
adding Subchapter J to read as follows:
SUBCHAPTER J. SCHOOL BUS MONITORING SYSTEM
Sec. 545.451. DEFINITIONS. In this subchapter:
(1) "Owner of a motor vehicle" means the owner of a
motor vehicle as shown on the motor vehicle registration records of
the Texas Department of Motor Vehicles or the analogous department
or agency of another state or country.
(2) "Recorded image" means a photographic,
electronic, video, or digital image.
(3) "School bus monitoring system" means a system
authorized by Section 547.701(b)(3).
Sec. 545.452. AUTHORITY TO PROVIDE FOR PENALTY. (a) The
board of trustees of a school district by resolution may impose a
penalty on the registered owner of a vehicle that is operated in a
manner that violates Section 545.066 within the school district.
(b) The resolution adopted under this section must:
(1) provide for a penalty of not less than $200 or more
than $1,000;
(2) authorize an attorney employed by the school
district or an attorney with whom the school district contracts to
bring suit to collect the penalty;
(3) provide for notice of the violation to the
registered owner of the motor vehicle that committed the violation;
(4) provide that a person against whom the school
district seeks to impose a penalty is entitled to a hearing and:
(A) provide for the period in which the hearing
must be held;
(B) provide for the appointment of a hearing
officer with authority to administer oaths and issue orders
compelling the attendance of witnesses and the production of
documents; and
(C) designate the department, agency, or office
of the school district responsible for the enforcement and
administration of the resolution or provide that the entity with
which the school district enters into a memorandum of understanding
under Section 545.453(3) is responsible for the enforcement and
administration of the resolution;
(5) allow for the use of images recorded by the school
bus monitoring system; and
(6) provide for other procedures the board determines
are necessary for the imposition of a penalty authorized by this
section.
(c) Penalties collected under this section may be used by a
school district only to cover the cost of:
(1) installing, operating, and maintaining the school
bus monitoring system;
(2) collecting a penalty imposed under this section;
(3) developing and implementing a program that
promotes student safety; and
(4) complying with Section 547.701(e).
Sec. 545.453. INSTALLATION AND OPERATION OF SCHOOL BUS
MONITORING SYSTEM. A school district that implements a school bus
monitoring system under this subchapter may:
(1) contract for the administration and enforcement of
the system;
(2) install and operate the system or contract for the
installation or operation of the system; and
(3) enter into a memorandum of understanding with a
municipality or county in which the school district is located
regarding administrative adjudication hearings required by a
resolution adopted under this subchapter.
Sec. 545.454. GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
(a) A school district shall operate a monitoring system authorized
by Section 547.701(b)(3) only for the purpose of detecting a
violation or suspected violation of Section 545.066 within the
school district.
(b) A person commits an offense if the person uses a school
bus monitoring system to produce a recorded image other than in the
manner and for the purpose specified by a resolution adopted under
Section 545.452.
(c) An offense under this section is a Class A misdemeanor.
Sec. 545.455. EFFECT ON OTHER ENFORCEMENT. (a) The
implementation of a school bus monitoring system by a school
district under this subchapter does not:
(1) preclude the application or enforcement in the
territory of the school district of Section 545.066 in the manner
prescribed by Chapter 543; or
(2) prohibit a peace officer from arresting a violator
of Section 545.066 as provided by Chapter 543 or from issuing the
violator a citation and notice to appear as provided by that
chapter.
(b) A school district may not impose a penalty under this
subchapter on the owner of a motor vehicle if the operator of the
vehicle was arrested or issued a citation and notice to appear by a
peace officer for the same violation of Section 545.066 recorded by
the school bus monitoring system.
Sec. 545.456. NOTICE OF VIOLATION; CONTENTS. (a) The
imposition of a penalty under this subchapter is initiated by the
mailing of a notice of violation to the owner of the motor vehicle
against whom the school district seeks to impose the penalty.
(b) Not later than the 30th day after the date the violation
is alleged to have occurred, the designated department, agency, or
office of the school district or the entity with which the school
district enters into a memorandum of understanding under Section
545.453(3) shall mail the notice of violation to the owner at:
(1) the owner's address as shown on the registration
records of the Texas Department of Motor Vehicles; or
(2) if the vehicle is registered in another state or
country, the owner's address as shown on the motor vehicle
registration records of the department or agency of the other state
or country analogous to the Texas Department of Motor Vehicles.
(c) The notice of violation must contain:
(1) a description of the violation alleged;
(2) the location where the violation occurred;
(3) the date and time of the violation;
(4) the name and address of the owner of the vehicle
involved in the violation;
(5) the registration number displayed on the license
plate of the vehicle involved in the violation;
(6) a copy of a recorded image of the violation that
includes a depiction of the registration number displayed on the
license plate of the vehicle involved in the violation;
(7) the amount of the penalty for which the owner is
liable;
(8) the number of days the person has in which to pay
or contest the imposition of the penalty;
(9) a statement that the owner of the vehicle in the
notice of violation may elect to pay the penalty instead of
appearing at the time and place of the administrative adjudication
hearing; and
(10) information that informs the owner of the vehicle
named in the notice of violation:
(A) of the owner's right to contest the
imposition of the penalty against the person in an administrative
adjudication hearing;
(B) that imposition of the penalty may be
contested by submitting a written request for an administrative
adjudication hearing before the expiration of the period specified
under Subdivision (8); and
(C) that failure to pay the penalty or to contest
liability for the penalty in a timely manner is an admission of
liability.
(d) A notice of violation is presumed to have been received
on the fifth day after the date the notice is mailed.
Sec. 545.457. IMPOSITION OF PENALTY NOT A CONVICTION. The
imposition of a penalty under this subchapter is not a conviction
and may not be considered a conviction for any purpose.
SECTION 3. Section 547.701(b), Transportation Code, is
amended to read as follows:
(b) A school bus may be equipped with:
(1) rooftop warning lamps:
(A) that conform to and are placed on the bus in
accordance with specifications adopted under Section 34.002,
Education Code; and
(B) that are operated under rules adopted by the
school district; [and]
(2) movable stop arms:
(A) that conform to regulations adopted under
Section 34.002, Education Code; and
(B) that may be operated only when the bus is
stopped to load or unload students; and
(3) a monitoring system that:
(A) is capable of taking photographic,
electronic, video, or digital images of vehicles that pass the bus;
(B) conforms to regulations adopted under
Section 34.002, Education Code; and
(C) may be operated only when the bus is stopped
on a highway to load or unload students.
SECTION 4. This Act takes effect September 1, 2017.