Bill Text: TX HB2083 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the use of automatic license plate reader systems.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2025-01-24 - Filed [HB2083 Detail]

Download: Texas-2025-HB2083-Introduced.html
  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.
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