Texas House Bill HB169

Texas 2009 - 81st Regular

• Filed: 11/10/08

Caption

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.

Impact

The impact of HB 169 is significant as it amends the Code of Criminal Procedure to include procedures for sobriety checkpoints, specifying the requirements for their operation. Law enforcement agencies will need to establish clear and documented procedures for the selection and operation of these checkpoints. This includes considerations for public safety, such as minimizing the time drivers spend at the checkpoint and ensuring that the checkpoints do not disproportionately target specific socioeconomic groups. By formalizing these procedures, the bill aims to balance the enforcement of intoxication laws with the rights of the drivers involved.

Summary

House Bill 169 introduces a framework for the establishment of sobriety checkpoints by the Texas Department of Public Safety and certain local law enforcement agencies. The bill aims to enhance public safety by allowing law enforcement to conduct checkpoints on highways and streets to identify drivers who are operating a vehicle while intoxicated. This legislative move aligns with broader public safety initiatives aimed at reducing intoxication-related traffic incidents and fatalities.

Contention

Notable points of contention surrounding HB 169 may include concerns about civil liberties and the potential for overreach in law enforcement practices. Critics may argue that sobriety checkpoints could lead to undue invasions of privacy, as drivers may be stopped without individualized suspicion of wrongdoing. Proponents, however, contend that the structured approach provided by the bill mitigates these concerns by requiring documented procedures and oversight in the operation of the checkpoints. The limitations placed on how long checkpoints can operate and how often they can be conducted at the same location further address these criticisms.