Texas 2011 - 82nd Regular

Texas House Bill HB439

Voted on by House
 
Out of Senate Committee
 
Voted on by Senate
 
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 implementation of HB439 will influence how intoxication-related offenses are enforced throughout Texas. By establishing clear provisions for sobriety checkpoints, the bill seeks to enhance public safety by reducing the incidence of driving while intoxicated (DWI). It mandates that agencies maintain detailed records of checkpoint operations, including the number of arrests made and the procedures used, which aims to ensure transparency and to provide data for evaluating the effectiveness of such checkpoints. Additionally, the bill restricts checkpoint operations to certain populations and locations to mitigate concerns about misuse or discrimination.

Summary

House Bill 439 introduces new regulations regarding the establishment of sobriety checkpoints by the Department of Public Safety (DPS) and certain local law enforcement agencies in Texas. The bill authorizes law enforcement to operate temporary sobriety checkpoints on highways and streets, primarily aiming to determine whether drivers are operating their vehicles while intoxicated. Notably, the legislation imposes specific guidelines to ensure these checkpoints are conducted in a systematic manner, emphasizing public safety and accountability in the enforcement process.

Sentiment

The sentiment surrounding HB439 is generally supportive among law enforcement officials and advocates for public safety, who view the legislation as a necessary tool to combat drunk driving effectively. However, skepticism exists among civil liberties advocates and some community members who raise concerns about potential overreach and the implications these checkpoints may have on personal freedoms. The debate reflects broader societal concerns regarding law enforcement practices and the balance between safety and civil rights.

Contention

Notable points of contention include the law's restrictions on where sobriety checkpoints can be set up, specifically prohibiting their operation on certain highways and limiting them in counties with populations under 250,000. Critics argue that these restrictions could limit the effectiveness of the checkpoints in areas that may experience higher rates of DWI incidents. Furthermore, calls for increased oversight and community input regarding checkpoint locations have emerged, as some stakeholders worry about the impact of these operations on various demographics and their potential to perpetuate inequalities.

Companion Bills

TX SB531

Identical 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.

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 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.

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.

TX HB48

Relating to authorizing the Department of Public Safety to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses.

TX SB288

Relating to authorizing the Department of Public Safety of the State of Texas to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses.