Bucy Bill Bans Every Texas Government From License Plate Readers

The text as introduced · 279 words

90R696 AJZ-F

By: Bucy
H.B. No. 331

A BILL TO BE ENTITLED

AN ACT

relating to the use of automatic license plate readers by

governmental entities.

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 PROHIBITED;

CIVIL ACTION AUTHORIZED. (a) In this section:

(1) "Automatic license plate reader" means a system

that reads and records license plate numbers taken from digital

photographs.

(2) "Governmental entity" means:

(A) this state, a political subdivision of the

state, or an agency or department of the state or a political

subdivision of the state; or

(B) an officer or employee of an entity described

by Paragraph (A).

(b) A governmental entity may not use an automatic license

plate reader.

(c) A person may bring an action against another person who

violates this section for damages incurred as a result of the

violation.

(d) A prevailing claimant in an action brought under this

section is entitled to recover:

(1) either:

(A) actual damages, including damages for loss of

business, personal injury, loss of reputation, and mental pain and

suffering; or

(B) statutory damages in the amount of $1,000;

and

(2) court costs and reasonable attorney's fees

incurred in bringing the action.

(e) Sovereign and governmental immunity to suit and from

liability is waived to the extent of liability created by this

section.

SECTION 2. Section 750.004, Transportation Code, as added

by this Act, applies only to a cause of action that accrues on or

after the effective date of this Act.

SECTION 3. This Act takes effect September 1, 2027.