| 1 | 1 | | 81R3397 ACP-F |
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| 2 | 2 | | By: Phillips H.B. No. 4522 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to the powers and duties of the Texas Department of |
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| 8 | 8 | | Transportation related to county traffic officers. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 701.006, Transportation Code, is amended |
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| 11 | 11 | | to read as follows: |
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| 12 | 12 | | Sec. 701.006. [COMPLAINT; HEARING;] DISMISSAL. |
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| 13 | 13 | | [(a) If a county traffic officer fails to perform the officer's |
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| 14 | 14 | | duty to enforce the law, the district engineer of the Texas |
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| 15 | 15 | | Department of Transportation district in which the officer operates |
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| 16 | 16 | | may send a written, signed complaint to the commissioners court. |
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| 17 | 17 | | [(b) On receipt of the complaint, the commissioners court |
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| 18 | 18 | | shall hold a hearing and summon the officer to appear before it. |
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| 19 | 19 | | [(c) If the commissioners court determines at the hearing |
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| 20 | 20 | | that the officer has not performed the officer's duty, the |
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| 21 | 21 | | commissioners court shall immediately discharge the officer and |
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| 22 | 22 | | promptly employ another officer. |
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| 23 | 23 | | [(d)] The commissioners court on its own initiative, or on |
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| 24 | 24 | | recommendation of the sheriff, may dismiss a county traffic officer |
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| 25 | 25 | | if the officer is no longer needed or if the officer's service is |
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| 26 | 26 | | unsatisfactory. |
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| 27 | 27 | | SECTION 2. Section 701.002(b), Transportation Code, is |
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| 28 | 28 | | repealed. |
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| 29 | 29 | | SECTION 3. This Act takes effect immediately if it receives |
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| 30 | 30 | | a vote of two-thirds of all the members elected to each house, as |
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| 31 | 31 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 32 | 32 | | Act does not receive the vote necessary for immediate effect, this |
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| 33 | 33 | | Act takes effect September 1, 2009. |
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