AI Frontier Institute

Relating to the use of automatic license plate reader systems.

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Texas H.B. 2083 (filed 2025, referred to committee, not enacted) would add Chapter 732 to the Transportation Code to regulate government use of automatic license plate reader (ALPR) systems. Under Sec. 732.002, governmental entities could not operate ALPRs or use captured plate data except as allowed by Sec. 732.003. Permitted purposes: detecting or investigating felonies, identifying unregistered or uninsured vehicles, missing-person investigations, stolen vehicle recovery, toll collection or parking enforcement, and controlling access to secured areas. Sec. 732.003(b) would bar targeting individuals by race, ethnicity or income in unregistered/uninsured vehicle enforcement. It would also bar sharing, selling or otherwise providing data to non-governmental persons, to governmental entities for unauthorized purposes, or to the federal government. Contractors could access data only if the contract specifically authorizes it. Governmental entities or criminal defendants could seek a court order requiring retention and disclosure on a probable-cause showing tied to a felony investigation or missing person. Sec. 732.004 would allow comparison with listed databases (e.g., Texas DMV, TCIC/NCIC, NCMEC, FBI), which must be current. Sec. 732.005 would require destroying data within 48 hours unless it is evidence in a pending criminal action, subject to a preservation request, a court order, or a warrant. Preservation requests would require data to be held for at least seven days, with specified contents and a sworn statement that a court order will be sought. Sec. 732.006 would require entities to adopt and post rules on data minimization and security. Sec. 732.007 would require annual reports to the Department of Public Safety. Sec. 732.008 would make captured plate data confidential and exempt from Chapter 552, Government Code, and inadmissible if released in violation (except exculpatory evidence in criminal proceedings). It would also restrict disclosure when a protective order is presented. Sec. 732.009 would create a civil action with actual damages or $1,000 statutory damages plus costs and attorney's fees, and waive governmental immunity. Section 2 limits the civil action to causes of action accruing on or after the effective date. Section 3 sets an effective date of September 1, 2025.

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