82R1871 SJM-D
By: Peña H.B. No. 48
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Department of Public Safety of the
State of Texas to investigate the feasibility of and cooperate in
the establishment of southbound checkpoints along the
international border of this state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter A, Chapter 411, Government Code, is
amended by adding Section 411.0208 to read as follows:
Sec. 411.0208. INTERNATIONAL BORDER CHECKPOINTS. (a) To
prevent the unlawful transfer of firearms and bulk currency from
this state to the United Mexican States, the department shall
investigate the feasibility of assisting federal authorities in
establishing checkpoints along the international border of this
state for the purpose of conducting inspections of vehicles leaving
this state and entering the United Mexican States. If the
department determines that assistance to be feasible, the
department shall cooperate with appropriate federal agencies to set
up the checkpoints.
(b) A checkpoint described by Subsection (a) must be:
(1) located at or within 250 yards of a federally
designated crossing facility located at or near the actual boundary
between this state and the United Mexican States;
(2) located on a public highway or street leading
directly to an international border crossing; and
(3) designed to stop only traffic leaving this state
and entering the United Mexican States.
(c) A peace officer employed by the department may not
conduct an inspection of a vehicle under this section unless the
officer has reasonable suspicion or probable cause to believe that
a passenger in the vehicle has violated Section 34.02 or 46.14,
Penal Code, or 18 U.S.C. Section 554, 18 U.S.C. Section 922, 18
U.S.C. Section 1956, or 31 U.S.C. Section 5332.
(d) The department and local law enforcement authorities
may share with the federal government the cost of staffing any
checkpoints established as described by this section.
(e) The department shall establish procedures governing the
encounter between the driver and the peace officers operating the
checkpoint that ensure that any intrusion on the driver is
minimized and that the inquiries made are reasonably related to the
purpose of the checkpoint.
(f) If necessary to implement this section, the attorney
general, subject to approval by the governor, shall enter into an
agreement under 8 U.S.C. Section 1357(g) with the United States
Office of the Attorney General or other appropriate federal agency.
(g) An agreement entered into under Subsection (f) must be
signed on behalf of this state by the attorney general of this state
and the governor of this state and as otherwise required by the
appropriate federal agency.
(h) A law enforcement agency may enter into an agreement
with a corporation or other private entity to provide goods or
services for the establishment and operation of a checkpoint or the
performance of inspections under this section.
(i) The director shall adopt rules as necessary to
administer this section.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2011.