Bill Text: TX SB2086 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the establishment of the Texas Uninsured Vehicle Enforcement Program.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-04-01 - Referred to Transportation [SB2086 Detail]
Download: Texas-2021-SB2086-Introduced.html
| 87R4914 AJZ-F | ||
| By: Lucio | S.B. No. 2086 | |
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| relating to the establishment of the Texas Uninsured Vehicle | ||
| Enforcement Program. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 601, Transportation Code, is amended by | ||
| adding Subchapter O to read as follows: | ||
| SUBCHAPTER O. TEXAS UNINSURED VEHICLE ENFORCEMENT PROGRAM | ||
| Sec. 601.501. DEFINITIONS. In this subchapter: | ||
| (1) "Automatic license plate reader system" means a | ||
| system that reads and records license plate numbers taken from | ||
| photographs. | ||
| (2) "Captured plate data" means data collected by an | ||
| automatic license plate reader system. | ||
| (3) "Law enforcement agency" means an agency of the | ||
| state or an agency of a political subdivision of the state | ||
| authorized by law to employ peace officers as defined by Article | ||
| 2.12, Code of Criminal Procedure. | ||
| (4) "Program" means the Texas Uninsured Vehicle | ||
| Enforcement Program established under this chapter. | ||
| Sec. 601.502. IMPLEMENTATION OF PROGRAM; RULES. (a) The | ||
| department by rule shall, in consultation with law enforcement | ||
| agencies, establish the Texas Uninsured Vehicle Enforcement | ||
| Program to use automatic license plate reader systems to help law | ||
| enforcement agencies identify uninsured motor vehicles. | ||
| (b) The department may contract with a person to provide | ||
| necessary technology, equipment, and maintenance of automatic | ||
| license plate reader systems used in the program. | ||
| (c) Notwithstanding any other law, the department may: | ||
| (1) install an automatic license plate reader system | ||
| on appropriate infrastructure owned by this state or a political | ||
| subdivision of this state, including traffic signals, highway | ||
| signs, bridges, and overpasses; and | ||
| (2) use infrastructure described by Subdivision (1) as | ||
| necessary to ensure that an automatic license plate reader system | ||
| has access to the necessary power to operate. | ||
| (d) The department may enter into an interagency agreement | ||
| or memorandum of understanding with another state agency to | ||
| authorize the agency to access and use an automatic license plate | ||
| reader system installed under the program for a purpose within the | ||
| agency's statutory duties. An agency's access and use of an | ||
| automatic license plate reader system under this subsection may not | ||
| interfere with the operation of the system by the department or a | ||
| law enforcement agency for the purposes of the program. | ||
| Sec. 601.503. CAPTURED PLATE DATA COLLECTION. (a) The | ||
| department and law enforcement agencies may use automatic license | ||
| plate reader systems to collect captured plate data to enforce the | ||
| financial responsibility requirements of Section 601.191. | ||
| (b) The captured plate data may be accessed only by law | ||
| enforcement agencies and individuals authorized by the department. | ||
| (c) The department may authorize a person under a contract | ||
| described by Section 601.502(b) to perform required updates and | ||
| maintenance of the automatic license plate reader system software | ||
| and to analyze captured plate data as necessary to ensure effective | ||
| system performance. | ||
| Sec. 601.504. AFFIDAVIT. (a) A peace officer may verify by | ||
| sworn affidavit that a photograph generated by an automatic license | ||
| plate reader system identifies a particular vehicle operating on a | ||
| public roadway that was uninsured at the time the vehicle was being | ||
| operated. | ||
| (b) A peace officer may issue a citation to a person for a | ||
| violation of Section 601.191 based on an affidavit under Subsection | ||
| (a) of this section. | ||
| Sec. 601.505. USE OF CAPTURED PLATE DATA. (a) Captured | ||
| plate data collected or retained under the program through the use | ||
| of an automatic license plate reader system must be retained by a | ||
| law enforcement agency if the data is being used as evidence of a | ||
| violation of Section 601.191. If the captured plate data is no | ||
| longer needed as evidence of a violation, the data must be deleted | ||
| or otherwise destroyed. | ||
| (b) Captured plate data collected or retained by the | ||
| department or a law enforcement agency through the use of an | ||
| automatic license plate reader system, as authorized by this | ||
| subchapter, may not be used for a purpose other than enforcing | ||
| Section 601.191. | ||
| (c) The department, a law enforcement agency, and a person | ||
| under contract with the department under Section 601.502(b) may not | ||
| sell or share captured plate data for any purpose not expressly | ||
| authorized by this subchapter. | ||
| Sec. 601.506. USE OF AUTOMATIC LICENSE PLATE READER SYSTEM. | ||
| This subchapter does not prohibit the use of an automatic license | ||
| plate reader system by a person for a purpose not otherwise | ||
| prohibited by law. | ||
| Sec. 601.507. ANNUAL REPORT. Not later than January 1 of | ||
| each year, the department shall prepare a report on the | ||
| administration and results of the program during the previous | ||
| fiscal year. The report must include an evaluation of program | ||
| operations and any recommendations for legislative or other action. | ||
| The department shall: | ||
| (1) publish the report on the department's Internet | ||
| website; and | ||
| (2) deliver an electronic copy of the report to the | ||
| lieutenant governor and the speaker of the house of | ||
| representatives. | ||
| SECTION 2. This Act takes effect September 1, 2021. | ||
