HB 331 — The use of automatic license plate readers by government

90R696 AJZ-F By: Bucy H.B. No. 331 relating to the use of automatic license plate readers by governmental entities.

SECTION 1. Chapter 750, Transportation Code, is amended by adding Section 750.004 to read as follows: Sec. 750.004. AUTOMATIC LICENSE PLATE READER PROHIBITED; CIVIL ACTION AUTHORIZED. (a) In this section: (1) "Automatic license plate reader" means a system that reads and records license plate numbers taken from digital photographs. (2) "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). (b) A governmental entity may not use an automatic license plate reader. (c) A person may bring an action against another person who violates this section for damages incurred as a result of the violation. (d) 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, 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. (e) Sovereign and governmental immunity to suit and from liability is waived to the extent of liability created by this section.

SECTION 2. Section 750.004, 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, 2027.