89R4954 AJZ-F     By: Bucy H.B. No. 2083       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)     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).          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, 2025.