Texas 2011 - 82nd Regular

Texas House Bill HB48 Compare Versions

The same version is selected twice. Please select two different versions to compare.

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	82R23084 SJM-D
2	2	By: Pena H.B. No. 48
3	3	Substitute the following for H.B. No. 48:
4	4	By: Driver C.S.H.B. No. 48
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to authorizing the Department of Public Safety to operate
10	10	one or more southbound vehicle checkpoints near the international
11	11	border of this state for the purpose of preventing certain criminal
12	12	offenses.
13	13	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
14	14	SECTION 1. Section 411.0095, Government Code, is amended to
15	15	read as follows:
16	16	Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR
17	17	TEXAS-MEXICO [AT] BORDER [CROSSING]. (a) The department may
18	18	establish [a program for the purpose of establishing] border
19	19	[crossing] checkpoints to prevent the unlawful transfer or movement
20	20	of firearms, ammunition, bulk currency, trade secrets, [stolen]
21	21	vehicles, farm tractors or implements, construction equipment,
22	22	aircraft, or watercraft from this state to [entering] Mexico.
23	23	(b) A checkpoint may be established under Subsection (a) if
24	24	the checkpoint is:
25	25	(1) located within:
26	26	(A) one mile of a federally designated checkpoint
27	27	that is located on a road running north to south; or
28	28	(B) 250 yards of a federally designated border
29	29	crossing facility located at or near the actual boundary between
30	30	this state and Mexico;
31	31	(2) located on a public highway or street leading
32	32	directly to an international border crossing;
33	33	(3) designed to stop only traffic bound for Mexico;
34	34	and
35	35	(4) operated in such a manner as to stop only firearms,
36	36	ammunition, bulk currency, trade secrets, vehicles, tractors or
37	37	implements, equipment, aircraft, or watercraft that [for which] law
38	38	enforcement authorities have probable cause to believe are being
39	39	unlawfully transferred or moved from this state to [is stolen and
40	40	bound for] Mexico.
41	41	(c) The department may establish [the] border checkpoints
42	42	[crossing checkpoint program] in conjunction with local law
43	43	enforcement authorities. The department and local law enforcement
44	44	authorities may share the cost of staffing the checkpoints.
45	45	(d) The department shall establish procedures governing the
46	46	encounter between the driver and the peace officers operating the
47	47	checkpoint that ensure that any intrusion on the driver is
48	48	minimized and that the inquiries made are reasonably related to the
49	49	purpose of the checkpoint. A peace officer at the checkpoint may
50	50	not direct a driver or [a] passenger of [in] a motor vehicle to
51	51	leave the vehicle or move the vehicle off the roadway or,
52	52	notwithstanding Section 521.025 or 601.053, Transportation Code,
53	53	to display a driver's license or provide evidence of financial
54	54	responsibility unless the officer has reasonable suspicion or
55	55	probable cause to believe that the person committed or is
56	56	committing an offense described by Subsection (e). However, a
57	57	peace officer may require that each motor vehicle passing through
58	58	the checkpoint be diverted to a location immediately adjacent to
59	59	the roadway, if desirable, to ensure safety.
60	60	(e) A peace officer employed by the department may not
61	61	conduct an inspection of a vehicle under this section unless the
62	62	officer has reasonable suspicion or probable cause to believe that
63	63	a driver or passenger of the vehicle has violated Section 31.03,
64	64	31.05, 31.07, 34.02, 46.06, or 46.14, Penal Code.
65	65	(f) The director shall adopt rules as necessary to
66	66	administer this section.
67	67	(g) In establishing checkpoints under this section, the
68	68	department shall comply with rules of the Texas Transportation
69	69	Commission regarding lane closures on a public highway or street.
70	70	The department shall:
71	71	(1) place signs and other appropriate devices along
72	72	each appropriate public highway or street to advise drivers of
73	73	motor vehicles:
74	74	(A) that the drivers are approaching a
75	75	checkpoint; and
76	76	(B) of the purpose of the checkpoint; and
77	77	(2) as necessary, demarcate a checkpoint with flares,
78	78	flags, traffic cones, or other appropriate devices.
79	79	(h) Not later than January 15 of each calendar year, the
80	80	department shall submit to the governor, lieutenant governor, and
81	81	speaker of the house of representatives a report regarding the
82	82	operation of checkpoints under this section during the preceding
83	83	calendar year. The report must include:
84	84	(1) the number of motor vehicles searched at each
85	85	checkpoint subsequent to a determination that reasonable suspicion
86	86	or probable cause existed to believe that an offense described by
87	87	Subsection (e) had been or was being committed;
88	88	(2) disaggregated by week and month:
89	89	(A) an estimate of the total number of motor
90	90	vehicles that passed through each checkpoint; and
91	91	(B) the average period required for a motor
92	92	vehicle to pass through each checkpoint;
93	93	(3) the specific days during the year that the highest
94	94	and lowest numbers of motor vehicles passed through each
95	95	checkpoint; and
96	96	(4) any other information that the department
97	97	determines to be of public interest.
98	98	(i) [(e)] In this section:
99	99	(1) "Motor vehicle" and "vehicle" have the meanings
100	100	assigned to those terms by Section 541.201, Transportation Code.
101	101	(2) "Watercraft" has the meaning assigned by Section
102	102	49.01, Penal Code.
103	103	SECTION 2. Effective September 1, 2013, Section 411.0095,
104	104	Government Code, is amended to read as follows:
105	105	Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER
106	106	CROSSING. (a) The department may establish a program for the
107	107	purpose of establishing border crossing checkpoints to prevent
108	108	stolen vehicles, farm tractors or implements, construction
109	109	equipment, aircraft, or watercraft from entering Mexico.
110	110	(b) A checkpoint may be established under Subsection (a) if
111	111	the checkpoint is:
112	112	(1) located within 250 yards of a federally designated
113	113	crossing facility located at or near the actual boundary between
114	114	this state and Mexico;
115	115	(2) located on a public highway or street leading
116	116	directly to an international border crossing;
117	117	(3) designed to stop only traffic bound for Mexico;
118	118	and
119	119	(4) operated in such a manner as to stop only vehicles,
120	120	tractors or implements, equipment, aircraft, or watercraft for
121	121	which law enforcement authorities have probable cause to believe is
122	122	stolen and bound for Mexico.
123	123	(c) The department may establish the border crossing
124	124	checkpoint program in conjunction with local law enforcement
125	125	authorities. The department and local law enforcement authorities
126	126	may share the cost of staffing the checkpoints.
127	127	(d) The department shall establish procedures governing the
128	128	encounter between the driver and the peace officers operating the
129	129	checkpoint that ensure that any intrusion on the driver is
130	130	minimized and that the inquiries made are reasonably related to the
131	131	purpose of the checkpoint. A peace officer at the checkpoint may
132	132	not direct a driver or a passenger in a motor vehicle to leave the
133	133	vehicle or move the vehicle off the roadway unless the officer has
134	134	reasonable suspicion or probable cause to believe that the person
135	135	committed or is committing an offense. However, a peace officer may
136	136	require that each motor vehicle passing through the checkpoint be
137	137	diverted to a location immediately adjacent to the roadway, if
138	138	desirable, to ensure safety.
139	139	(e) In this section:
140	140	(1) "Motor vehicle" and "vehicle" have the meanings
141	141	assigned to those terms by Section 541.201, Transportation Code.
142	142	(2) "Watercraft" has the meaning assigned by Section
143	143	49.01, Penal Code.
144	144	SECTION 3. Except as otherwise provided by this Act, this
145	145	Act takes effect September 1, 2011.