Legal Compliance

When Nobody Writes the Rules, Someone Else Fills the Gap

By Maria Jose Castro L
7 min
By Maria Jose Castro L
7 min
License Plate Readers
ALPR
Flock Safety
Privacy
Texas Privacy Law
Surveillance
Data Governance

TL;DR

A piece of technology can scale to tens of thousands of cameras across an entire state before a single law says who's allowed to use it, for what reason, or who else gets to look. That's not a hypothetical. It's exactly what's happened with automated license plate readers in Texas—and it's a useful case study in what actually happens when governance doesn't keep up: something always fills the gap. It's just usually not something you'd choose.

When Nobody Writes the Rules, Someone Else Fills the Gap

A piece of technology can scale to tens of thousands of cameras across an entire state before a single law says who's allowed to use it, for what reason, or who else gets to look. That's not a hypothetical. It's exactly what's happened with automated license plate readers, the cameras sold under the Flock Safety brand, and it's a useful case study in what actually happens when governance doesn't keep up: something always fills the gap. It's just usually not something you'd choose.

The Technology Outran the Law

Texas lawmakers have tried three separate times in recent sessions to put rules around this technology, requiring a warrant, limiting how long the data sticks around, that kind of thing. Every attempt died in committee.¹ Meanwhile, Texas's own privacy law, the Texas Data Privacy and Security Act, doesn't touch any of this anyway. It specifically exempts government agencies, which is exactly who's doing most of the collecting.² The law you'd assume covers your data was never written to reach the entity most likely to have it.

So there's no statute setting the floor. What does that actually mean in practice? It means the only governance this technology has is whatever a given city, county, or private organization decided to write down, unevenly, on its own, if it wrote anything down at all.

What Fills the Vacuum, in Practice

A few things show what "no floor" actually looks like once you go looking for it.

Start with the vendor itself. Texas regulators found that Flock had been operating without the private security license state law requires, the same license category required of security guard companies. The company was fined 500 dollars, the standard penalty for a first offense.³ Whatever oversight exists clearly wasn't enough to catch a licensing lapse at the company running the network, let alone the thousands of individual searches that network processes.

Then there's who's buying the technology. Flock sells to police departments, sure, but also directly to homeowners associations, which means the camera at your subdivision's entrance can be running on a policy nobody outside the HOA board ever reviewed.³ Different buyer, same absence of any outside rule requiring a policy in the first place.

And when neither the government nor the industry filled the gap, private citizens started doing it themselves. An open-source project has crowdsourced the locations of more than 100,000 of these cameras nationwide, block by block, specifically because no official source was tracking or disclosing where they'd been installed.⁴ That's what it looks like when the public builds its own accountability tool because nobody else built one.

Why This Matters Even If You Never Think About It

This isn't really a story about cameras. It's a story about what happens in the space where a law should exist and doesn't: governance doesn't disappear, it just gets outsourced to whoever's closest, a vendor's internal policy, a city council vote, an HOA board meeting, or a volunteer with a spreadsheet. None of those are bad on their own. None of them add up to an actual floor either.

What You Can Push For

You don't need to wait for the legislature to act on this, and there are real points of leverage right now.

Ask for the policy in writing. Whether it's your HOA or your city council, if a department or board has this technology, there should be a written policy about who can search it and why, not just a vendor's assurance that it's handled responsibly.

Show up when it's on the agenda. City councils across Texas have voted on new camera contracts and renewals in open meetings, and the outcome has swung both ways depending on who actually showed up to comment.

Check what's already out there. The crowdsourced mapping project mentioned above is public, so you can see what's already been deployed near you before deciding whether you have questions about it.

The Bottom Line

A camera doesn't govern itself, and neither does a company selling thousands of them. Somebody always ends up writing the rules, whether that's a legislature, a city council, an HOA board, or nobody at all. Right now, in Texas, it's mostly nobody, and that's the part worth pushing back on.

Sources

¹ Texas H.B. 3999, 88th Leg. (2023), https://capitol.texas.gov/BillLookup/History.aspx?Bill=HB3999&LegSess=88R; H.B. 961, 89th Leg. (2025), https://capitol.texas.gov/BillLookup/History.aspx?Bill=HB961&LegSess=89R; H.B. 2083, 89th Leg. (2025), https://capitol.texas.gov/BillLookup/History.aspx?Bill=HB2083&LegSess=89R.

² Texas Data Privacy and Security Act, Office of the Texas Attorney General, https://www.texasattorneygeneral.gov/consumer-protection/file-consumer-complaint/consumer-privacy-rights/texas-data-privacy-and-security-act.

³ Matt DeGrood, "Texas DPS Finds Flock Surveillance Violated State Law by Operating Without a License," Houston Chronicle (Mar. 2026), https://www.houstonchronicle.com/news/houston-texas/article/flock-camera-investigation-22096147.php.

⁴ DeFlock: Find Nearby ALPRs, an open-source, crowdsourced mapping project, https://maps.deflock.org/ (accessed July 2026).