Texas 2009 - 81st Regular

Texas Senate Bill SB298

Filed
11/14/08  
Out of Senate Committee
3/20/09  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

Impact

The enactment of SB298 would amend existing laws to provide a structured approach to administering sobriety checkpoints. Law enforcement agencies would be required to document the procedures for establishing checkpoints, including site selection and operational protocols. Importantly, the bill ensures that these checkpoints are aimed at minimizing unnecessary intrusion upon the operator while focusing solely on determining suspected intoxication. This structured approach is intended to improve compliance with legal standards while still enhancing traffic safety enforcement.

Summary

SB298 pertains to the authority of the Texas Department of Public Safety and local law enforcement agencies to establish sobriety checkpoints on highways and streets. The bill aims to enhance public safety by enabling law enforcement to prepare checkpoints aimed at identifying drivers who are operating under the influence of alcohol. It delineates the responsibilities and procedures to be adopted by law enforcement when establishing and operating these checkpoints, ensuring they are conducted within a legal framework that respects the rights of individuals.

Contention

While supporters argue that this bill would help reduce intoxicated driving incidents and enhance public safety, there may be concerns regarding the potential for racial profiling or undue pressure on drivers at these checkpoints. Opponents might argue that checkpoints infringe upon civil liberties and may disproportionately target certain populations. The careful conditions laid out in the legislation, such as requiring reasonable suspicion or probable cause for further inquiry, aim to alleviate some of these concerns, but debates around the balance between public safety and individual rights are likely to continue.

Companion Bills

TX HB169

Identical Relating to the authority of the Texas Department of Public Safety and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

Previously Filed As

TX HB2883

Relating to checkpoints established by the Department of Public Safety at roadways entering this state from New Mexico.

TX HB1720

Relating to the dissemination of criminal history record information by the Department of Public Safety concerning certain intoxication offenses.

TX HB4556

Relating to the determination of whether a person is intoxicated for purposes of the Texas Workers' Compensation Act.

TX HB2922

Relating to the suspension of the driver's license of a person arrested for an offense involving the operation of a motor vehicle while intoxicated or under the influence of alcohol.

TX HB1163

Relating to creating the criminal offense of boating while intoxicated with a child passenger; changing the eligibility for deferred adjudication community supervision.

TX HB7

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB65

Relating to the prosecution and punishment of certain criminal offenses committed in the course of or for the purpose of avoiding certain law enforcement checkpoints or evading an arrest or detention; increasing criminal penalties.

TX HB61

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Border Force, and to compensate persons affected by those threats; increasing criminal penalties; creating criminal offenses.

TX HB127

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing a Texas Homeland Security Division, and to compensate persons affected by those threats.

TX HB13

Relating to measures to address public safety threats in this state presented by transnational criminal activity, including by establishing the Texas Homeland Security Division and the Border Security Advisory Council, and to compensate persons affected by those threats.

Similar Bills

TX SB1418

Relating to the authority of the Department of Public Safety and certain local law enforcement agencies to establish a temporary checkpoint on a highway or street to determine whether persons are driving while intoxicated.

TX HB439

Relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

TX SB531

Relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

TX HB169

Relating to the authority of the Texas Department of Public Safety and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.

HI HB1933

Relating To Sobriety Checks.

HI HB1934

Relating To Driving While Intoxicated.

CA AB516

Authority to remove vehicles.

CA AB1082

Authority to remove vehicles.