82R9932 AJZ-F
	By: West	S.B. No. 1485

	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; 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 a monitoring system authorized by
	Section 547.701(b)(3) may be used in the prosecution of an offense
	under this section if the image:
	(1)  is otherwise admissible;
	(2)  clearly shows the vehicle, including the license
	plate attached to the vehicle, at the time the offense was alleged
	to have occurred; and
	(3)  is accompanied by an affidavit executed by a peace
	officer stating that the image is authentic and establishes
	probable cause that a violation 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.  APPLICABILITY OF SUBCHAPTER. (a) This
	subchapter:
	(1)  applies only to a school district that uses school
	bus monitoring systems installed on or before September 1, 2011;
	and
	(2)  does not prohibit a school district that uses
	school bus monitoring systems installed on or before September 1,
	2011, from installing additional school bus monitoring systems
	after that date.
	(b)  This section expires September 1, 2015.
	Sec. 545.452.  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 live or recorded
	photographic, video, or digital image.
	(3)  "School bus monitoring system" means a system
	authorized by Section 547.701(b)(3).
	Sec. 545.453.  AUTHORITY TO PROVIDE FOR PENALTY. (a) The
	board of trustees of a school district by resolution may impose a
	financial penalty on the registered owner of a vehicle that is
	operated in a manner that violates Section 545.066 in the
	boundaries of the school district.
	(b)  The resolution adopted under this section must:
	(1)  provide for a penalty of not less than $250 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 an administrative
	adjudication hearing;
	(5)  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 contracts under Section 545.454 is responsible for the
	enforcement and administration of the resolution;
	(6)  provide regulations for the use of live or
	recorded images by the school bus monitoring system; and
	(7)  provide for other procedures the board determines
	are necessary for the imposition of a penalty authorized by this
	section.
	(c)  Except as provided by this subchapter, an image recorded
	by the school bus monitoring system that is not used in the
	prosecution of an offense under Section 545.066 or in an
	administrative adjudication of a violation under this subchapter
	must be destroyed by the owner of the school bus in accordance with
	applicable record retention laws.
	(d)  Except as provided by Section 545.066(g), an image
	recorded by a school bus monitoring system may not be sold or
	distributed to another person.
	(e)  Penalties collected under this section may be used by a
	school district only to pay for:
	(1)  installing, operating, and maintaining school bus
	monitoring systems;
	(2)  collecting a penalty imposed under this section;
	or
	(3)  developing and implementing measures designed to
	improve student safety, including the purchase of new school buses
	and seat belts for school buses, student safety training, and
	school bus driver training.
	Sec. 545.454.  ADMINISTRATION, ENFORCEMENT, INSTALLATION,
	AND OPERATION OF SCHOOL BUS MONITORING SYSTEM. A school district
	that implements a school bus monitoring system and adopts a
	resolution imposing a penalty 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;
	(3)  enter into an interlocal agreement with a
	municipality or county in which the school district is located
	regarding administrative adjudication hearings required by a
	resolution adopted under this subchapter; or
	(4)  enter into an interlocal agreement with another
	school district regarding the administration, enforcement,
	installation, or operation of the system.
	Sec. 545.455.  GENERAL SURVEILLANCE PROHIBITED; OFFENSE.
	(a) A school district may use a school bus monitoring system only
	to:
	(1)  monitor safety issues inside or outside the school
	bus; or
	(2)  detect a violation or suspected violation of
	Section 545.066 in the boundaries of 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 545.453.
	(c)  An offense under this section is a Class A misdemeanor.
	Sec. 545.456.  EFFECT ON OTHER ENFORCEMENT. (a) The
	implementation of a school bus monitoring system by a school
	district under this subchapter does not preclude the application or
	enforcement in the boundaries of the school district of Section
	545.066 in the manner prescribed by Chapter 543.
	(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. 545.457.  NOTICE OF VIOLATION; CONTENTS. (a) The
	imposition of a penalty under this subchapter is initiated by
	mailing 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 contracts under Section 545.454 shall mail the notice of
	violation to the owner of the motor vehicle 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 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 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 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 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. 545.458.  PRESUMPTION. (a) It is presumed that the
	owner of a motor vehicle shown in a recorded image of an alleged
	violation taken by a school bus monitoring system committed the
	alleged violation.
	(b)  The presumption under Subsection (a) is rebutted on the
	presentation of evidence establishing that at the time of the
	alleged violation the motor vehicle depicted in the recorded image
	taken by a school bus monitoring system was owned by:
	(1)  a person in the business of selling, renting, or
	leasing motor vehicles and the vehicle was:
	(A)  being test driven by another person; or
	(B)  being rented or leased by the vehicle's owner
	to another person; or
	(2)  a person who was not the person named in the notice
	of violation.
	(c)  Notwithstanding Section 545.459, the presentation of
	evidence under Subsection (b) by a person who is in the business of
	selling, renting, or leasing motor vehicles or by a person who did
	not own the vehicle at the time of the violation must be made by
	affidavit, through testimony at the administrative adjudication
	hearing under Section 545.459, or by a written declaration under
	penalty of perjury. An affidavit or written declaration may be
	submitted by mail to the school district or the entity with which
	the school district contracts under Section 545.454.
	(d)  If the presumption established by Subsection (a) is
	rebutted under Subsection (b), a penalty may not be imposed on the
	owner of the vehicle or the person named in the notice of violation,
	as applicable.
	(e)  If the motor vehicle depicted in the recorded image
	taken by the school bus monitoring system was owned by a person in
	the business of renting or leasing motor vehicles and the vehicle
	was being rented or leased to an individual at the time of the
	alleged violation, the owner of the motor vehicle shall provide to
	the school district or the entity with which the school district
	contracts under Section 545.454 the name and address of the
	individual who was renting or leasing the motor vehicle and a
	statement of the date and times during which that individual was
	renting or leasing the vehicle. The owner shall provide the
	information required by this subsection not later than the 30th day
	after the date the notice of violation is received. If the owner
	provides the required information, it is presumed that the
	individual renting or leasing the motor vehicle committed the
	violation alleged in the notice of violation, and the school
	district or contractor may send a notice of violation to that
	individual at the address provided by the owner of the motor vehicle
	or from motor vehicle registration records.
	Sec. 545.459.  ADMINISTRATIVE ADJUDICATION HEARING. (a) A
	person who receives a notice of violation under this subchapter may
	contest the imposition of the penalty specified in the notice of
	violation by filing a written request for an administrative
	adjudication hearing. The request for a hearing must be filed on or
	before the date specified in the notice of violation, which may not
	be earlier than the 30th day after the date the notice of violation
	was presumed to have been received.
	(b)  On receipt of a timely request for an administrative
	adjudication hearing, the school district shall notify the person
	of the date and time of the hearing.
	(c)  An administrative adjudication hearing under this
	subchapter may be conducted by any justice of the peace court in the
	boundaries of the school district where the alleged violation
	occurred.
	(d)  In an administrative adjudication hearing, the
	violation must be proven by a preponderance of the evidence.
	(e)  The reliability of the school bus monitoring system used
	to produce the recorded image of the motor vehicle involved in the
	violation may be attested to by affidavit of an officer or employee
	of the school district or of the entity with which the school
	district contracts under Section 545.454 who is responsible for
	inspecting and maintaining the system.
	(f)  An affidavit of a peace officer that alleges a violation
	based on an inspection of the applicable recorded image is:
	(1)  admissible in the administrative adjudication
	hearing; and
	(2)  evidence of the facts contained in the affidavit.
	(g)  At the conclusion of the administrative adjudication
	hearing, the hearing officer shall enter a finding of liability or a
	finding of no liability for the penalty. A finding under this
	subsection must be in writing and be signed and dated by the hearing
	officer.
	(h)  A finding of liability for a penalty must specify the
	amount of the penalty for which the person is liable. If the
	hearing officer enters a finding of no liability, a penalty for the
	violation may not be imposed against the person.
	(i)  A finding of liability or a finding of no liability
	entered under this section may:
	(1)  be filed with a person designated by the board of
	trustees of the school district; or
	(2)  be recorded:
	(A)  on microfilm or microfiche; or
	(B)  using data processing techniques.
	Sec. 545.460.  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.
	Sec. 545.461.  FAILURE TO PAY PENALTY. (a) If the owner of
	the motor vehicle fails to timely pay the amount of the penalty
	imposed against the owner:
	(1)  an arrest warrant may not be issued for the owner;
	and
	(2)  the imposition of the penalty may not be recorded
	on the owner's driving record.
	(b)  Notice of the provisions of Subsection (a) must be
	included in the notice of violation required by Section 545.457.
	Sec. 545.462.  REPORTING. (a) A school district shall
	provide the Department of Public Safety written notification of:
	(1)  the resolution adopted by the school district
	under Section 545.453;
	(2)  the number of school bus monitoring systems
	installed on school buses owned by the school district; and
	(3)  the number of violations issued under this
	subchapter.
	(b)  Notice shall be sent to the Department of Public Safety
	by September 1 of each year.
	(c)  Notice must be delivered by one of the following
	methods:
	(1)  facsimile;
	(2)  e-mail; or
	(3)  mail.
	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 live or recorded
	photographic, video, or digital images of vehicles that pass the
	bus when the bus is operating a visual signal as required by this
	section;
	(B)  conforms to regulations adopted under
	Section 34.002, Education Code; and
	(C)  is capable of producing a live or recorded
	visual image of a person inside the bus that may be viewed from
	another location.
	SECTION 4.  This Act takes effect September 1, 2011.