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.