Office of the Attorney General, 102015 TXAGO, AGO RQ-62-KP

• Case Date: October 20, 2015
• Court: Texas

Office of the Attorney General AGO RQ-62-KP No. RQ-0062-KP Texas Attorney General Opinions October 20, 2015           Received OCT 28 2015          Office of the Attorney General          Attention: Opinion Committee          P.O. Box 12548          Austin, TX 78711-2548          Dear Committee,          Bowie County, Texas has been approached by a company that utilizes real time data gathered from law enforcement Controlled Automated License Plate Recognition (ALPR) systems to identify, evaluate, and cite vehicle owners operating in the State of Texas, who are determined to be in a violation of the State's Motor Vehicle Compulsory Insurance laws found in Tex. Trans. Code, {601, et seq.}          The company provides all equipment such as cameras and computers, installs the equipment, and provides training. The county provides information from the ALPR systems to the company. The captured images of the license plates are transmitted back to the company who in turn evaluates the information and of the information indicates an insurance violation, a letter is generated under the District Attorney's Office to the registered owner of the vehicle advising the fine amount and requesting payment, Per the proposed agreement, the company would receive 50% of the amount collected on a monthly basis.          This office has found no applicable law addressing the proposed photographic insurance enforcement system. Texas law does, however, address the operation of photographic traffic signal enforcement system. V.T.C.A., Transportation Code, {707.001 et. seq.          The questions presented and an opinion requested by the AG Opinions Committee are;

1.) Whether Texas law permits the installation of a photographic insurance enforcement system?

2.) If such a system is permitted, is the Criminal District Attorney permitted to send the notice of violation letter? In an

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