2016 Attorney General Opinion. License Plate Readers. Insurance Enforcement. Procurement FAIL.

What is the question answered by Attorney General Opinion KP-0076? Whether Bowie County can engage a private company to use a license plate reader data looking for vehicles that don’t have liability insurance?

Is there a fee splitting arangement in this scenario? Yes, the vehcile owner will get a letter from the District Attorney office, and fees will be split 50-50 between the County and the company.

Can this fee splitting arrangement with automatic license plate readers work? No.

What is the statutory solution to make automatic license plate readers ok for counties? Counties need specific authority for the “use of automated photographic or similar technology to enforce the state’s vehicle financial responsibility laws. “

What does the Attorney General analysis look like? Its a laundry list of all the uses for photo enforcement in Texas. The highlights:

• statutes  limit what local government it applies to
• statutes limit specifically what can be captured by the photgraphic enforcement
• statutes limit the kind of penalty that is permitted. (i.e. civil or criminal penalties)