Relating to the use of automatic license plate reader systems.

The text as introduced · 1,751 words

90R2496 AJZ-D

By: González of El Paso
H.B. No. 763

A BILL TO BE ENTITLED

AN ACT

relating to the use of automatic license plate reader systems.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle J, Title 7, Transportation Code, is

amended by adding Chapter 732 to read as follows:

CHAPTER 732. AUTOMATIC LICENSE PLATE READER SYSTEMS

Sec. 732.001. DEFINITIONS. In this chapter:

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

system of one or more mobile or fixed high-speed cameras used

independently or in combination with software or a computer

algorithm to convert an image of a license plate into

computer-readable data.

(2) "Captured plate data" means global positioning

system coordinates, dates and times, photographs, license plate

numbers, vehicle characteristics, and any other data collected by

an automatic license plate reader system.

(3) "Department" means the Department of Public

Safety.

(4) "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).

(5) "Secured area" means an area:

(A) that is enclosed by definite boundaries;

(B) that is not open to the public; and

(C) to which access is limited by specific

access-control points.

Sec. 732.002. LIMITATIONS ON USE OF AUTOMATIC LICENSE PLATE

READER SYSTEM. Except as provided by Section 732.003, a

governmental entity may not operate an automatic license plate

reader system or use captured plate data produced by the system for

any purpose.

Sec. 732.003. AUTHORIZED USE OF AUTOMATIC LICENSE PLATE

READER SYSTEM. (a) Subject to Subsection (b), a governmental

entity may operate an automatic license plate reader system or use

captured plate data produced by the system only for the following

purposes:

(1) detecting or investigating a criminal offense

punishable as a felony;

(2) identifying unregistered or uninsured motor

vehicles;

(3) investigating a report of a missing person;

(4) identifying or recovering a stolen motor vehicle;

(5) collecting or enforcing tolls or enforcing parking

requirements; or

(6) controlling access to a secured area.

(b) A governmental entity, or a person acting on behalf of a

governmental entity, may not:

(1) operate an automatic license plate reader system

for the purpose authorized under Subsection (a)(2) in a manner that

intentionally targets individuals based on race, ethnicity, or

income level or disproportionately targets those individuals in a

manner that exceeds the applicable group's proportion of the

overall population in the boundaries of the governmental entity's

jurisdiction; or

(2) share captured plate data with, sell captured

plate data to, provide captured plate data through a subscription

to, transfer captured plate data to, or otherwise make captured

plate data available to:

(A) a person that is not a governmental entity,

except as provided by Subsection (d);

(B) a governmental entity for any purpose other

than a purpose authorized under Subsection (a); or

(C) the federal government, or any agency,

department, or person acting on behalf of the federal government.

(c) A governmental entity may not authorize a person acting

on behalf of the entity under a contract to access captured plate

data unless the contract specifically authorizes the access.

(d) A governmental entity or a defendant in a criminal case

may apply for a court order from a court of competent jurisdiction

to require the retention and disclosure of captured plate data. The

governmental entity or defendant must offer specific and

articulable facts showing that probable cause exists to believe the

captured plate data is relevant to an ongoing criminal

investigation involving a felony offense or a missing person.

Sec. 732.004. AUTHORIZED COMPARISON OF CAPTURED PLATE DATA

TO CERTAIN DATABASES. (a) For the purposes authorized by Section

732.003, a governmental entity may compare captured plate data with

data in the databases of:

(1) the Texas Department of Motor Vehicles;

(2) the criminal justice information system;

(3) the Texas Crime Information Center or the National

Crime Information Center;

(4) the National Center for Missing and Exploited

Children;

(5) the National Missing and Unidentified Persons

System; and

(6) the Federal Bureau of Investigation.

(b) A governmental entity that uses an automatic license

plate reader system in accordance with this chapter shall ensure

that the entity is using current, updated databases described by

Subsection (a) for each comparison of captured plate data described

by this section.

Sec. 732.005. RETENTION OF CAPTURED PLATE DATA IN CERTAIN

DATABASES. (a) Unless otherwise authorized by this section, a

governmental entity shall destroy captured plate data in the

possession of the entity not later than 48 hours after the time the

data is collected.

(b) Captured plate data may be retained by a governmental

entity as long as reasonably necessary if the captured plate data

is:

(1) evidence in a criminal action that is pending

final disposition;

(2) subject to a preservation request described by

Subsection (c);

(3) subject to an order described by Subsection

(c)(2); or

(4) subject to a warrant.

(c) A governmental entity that operates an automatic

license plate reader system under this chapter, on receiving a

written preservation request from a governmental entity or a

defendant in a criminal proceeding, shall preserve specified

captured plate data in the entity's possession until the later of:

(1) the seventh day after the date the request is

received; or

(2) a date specified in a court order described by

Section 732.003(d) addressing the required retention and

disclosure of the captured plate data.

(d) A preservation request under Subsection (c) must:

(1) specify the camera for which captured plate data

is requested to be preserved;

(2) specify the date and time period during which

captured plate data is requested to be preserved; and

(3) include a sworn statement that the requestor will

seek a court order for the retention and disclosure of the captured

plate data that is the subject of the request not later than the 7th

day after the date the request is submitted.

(e) A governmental entity that receives a written

preservation request from a governmental entity or a defendant in a

criminal proceeding but does not receive a court order described by

Subsection (c)(2) shall notify the requestor on the eighth day

after the date the request was received that the data that is the

subject of the request has been destroyed.

Sec. 732.006. RULES. Each governmental entity that uses an

automatic license plate reader system shall:

(1) adopt rules governing the use of the system,

including rules prohibiting data collection and sharing that is not

essential and rules protecting the security of captured plate data;

and

(2) post the rules on the entity's Internet website.

Sec. 732.007. REPORT. Not later than January 1 of each

year, each governmental entity that uses an automatic license plate

reader system shall submit a report to the department regarding:

(1) the number of automatic license plate reader

system readings made by the governmental entity;

(2) a list of databases under Section 732.004 to which

the governmental entity compared captured plate data;

(3) the number of persons arrested and prosecuted for

a criminal offense as a result of a comparison described by

Subdivision (2);

(4) the number of written preservation requests

received by the governmental entity under Section 732.005;

(5) the number of written preservation requests

granted by the governmental entity;

(6) the number of court orders granting retention and

disclosure of captured plate data received by the governmental

entity; and

(7) any changes in the policies of the governmental

entity that affect the privacy of individuals.

Sec. 732.008. CONFIDENTIALITY OF CAPTURED PLATE DATA. (a)

Except as otherwise provided by Subsection (d), captured plate data

is confidential and not subject to disclosure under Chapter 552,

Government Code.

(b) Captured plate data that is released in violation of

this section is not admissible in a judicial or government

proceeding, unless the disclosure is in a criminal proceeding and

the captured plate data is offered as exculpatory evidence.

(c) On presentation to a governmental entity that possesses

captured plate data of a protective order protecting a person who is

a registered owner of the vehicle, the captured plate data may not

be disclosed to another governmental entity or a defendant in a

criminal case unless specifically authorized by an order described

by Section 732.003(d).

(d) Subject to Subsection (c), the following information is

public information for the purposes of Chapter 552, Government

Code:

(1) an audit or access log of an automatic license

plate reader system, provided that the audit or access log is

redacted to remove any license plate information or other

identifying information of a specific vehicle; and

(2) data and information relating to a vehicle owned

or leased by the person who submitted the open records request

during the period identified in the request, if the request

includes a notarized sworn statement that the requestor:

(A) was the sole owner or lessee of the vehicle

during the period identified in the request and no other person

drove the vehicle more than 10 percent of the time during that

period; or

(B) was the sole owner or lessee of the vehicle

during the period identified in the request and:

(i) identifies every other owner or lessee

of the vehicle and every other person who drove the vehicle more

than 10 percent of the time during that period;

(ii) affirms that neither the requestor nor

any other owner, lessee, or driver identified under Subparagraph

(i) is subject to or the subject of a protective order; and

(iii) every owner, lessee, or driver

identified under Subparagraph (i) also signs the open records

request.

Sec. 732.009. CIVIL ACTION. (a) A person may bring an

action against another person who violates this chapter or a rule

adopted under this chapter for damages incurred as a result of the

violation.

(b) 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 and death, 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.

(c) Sovereign and governmental immunity to suit and from

liability is waived to the extent of liability created by this

section.

SECTION 2. Section 732.009, 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.