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 |
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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. |