82R23084 SJM-D
By: Pena H.B. No. 48
Substitute the following for H.B. No. 48:
By: Driver C.S.H.B. No. 48
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 411.0095, Government Code, is amended to
read as follows:
Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR
TEXAS-MEXICO [AT] BORDER [CROSSING]. (a) The department may
establish [a program for the purpose of establishing] border
[crossing] checkpoints to prevent the unlawful transfer or movement
of firearms, ammunition, bulk currency, trade secrets, [stolen]
vehicles, farm tractors or implements, construction equipment,
aircraft, or watercraft from this state to [entering] Mexico.
(b) A checkpoint may be established under Subsection (a) if
the checkpoint is:
(1) located within:
(A) one mile of a federally designated checkpoint
that is located on a road running north to south; or
(B) 250 yards of a federally designated border
crossing facility located at or near the actual boundary between
this state and Mexico;
(2) located on a public highway or street leading
directly to an international border crossing;
(3) designed to stop only traffic bound for Mexico;
and
(4) operated in such a manner as to stop only firearms,
ammunition, bulk currency, trade secrets, vehicles, tractors or
implements, equipment, aircraft, or watercraft that [for which] law
enforcement authorities have probable cause to believe are being
unlawfully transferred or moved from this state to [is stolen and
bound for] Mexico.
(c) The department may establish [the] border checkpoints
[crossing checkpoint program] in conjunction with local law
enforcement authorities. The department and local law enforcement
authorities may share the cost of staffing the checkpoints.
(d) 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. A peace officer at the checkpoint may
not direct a driver or [a] passenger of [in] a motor vehicle to
leave the vehicle or move the vehicle off the roadway or,
notwithstanding Section 521.025 or 601.053, Transportation Code,
to display a driver's license or provide evidence of financial
responsibility unless the officer has reasonable suspicion or
probable cause to believe that the person committed or is
committing an offense described by Subsection (e). However, a
peace officer may require that each motor vehicle passing through
the checkpoint be diverted to a location immediately adjacent to
the roadway, if desirable, to ensure safety.
(e) 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 driver or passenger of the vehicle has violated Section 31.03,
31.05, 31.07, 34.02, 46.06, or 46.14, Penal Code.
(f) The director shall adopt rules as necessary to
administer this section.
(g) In establishing checkpoints under this section, the
department shall comply with rules of the Texas Transportation
Commission regarding lane closures on a public highway or street.
The department shall:
(1) place signs and other appropriate devices along
each appropriate public highway or street to advise drivers of
motor vehicles:
(A) that the drivers are approaching a
checkpoint; and
(B) of the purpose of the checkpoint; and
(2) as necessary, demarcate a checkpoint with flares,
flags, traffic cones, or other appropriate devices.
(h) Not later than January 15 of each calendar year, the
department shall submit to the governor, lieutenant governor, and
speaker of the house of representatives a report regarding the
operation of checkpoints under this section during the preceding
calendar year. The report must include:
(1) the number of motor vehicles searched at each
checkpoint subsequent to a determination that reasonable suspicion
or probable cause existed to believe that an offense described by
Subsection (e) had been or was being committed;
(2) disaggregated by week and month:
(A) an estimate of the total number of motor
vehicles that passed through each checkpoint; and
(B) the average period required for a motor
vehicle to pass through each checkpoint;
(3) the specific days during the year that the highest
and lowest numbers of motor vehicles passed through each
checkpoint; and
(4) any other information that the department
determines to be of public interest.
(i) [(e)] In this section:
(1) "Motor vehicle" and "vehicle" have the meanings
assigned to those terms by Section 541.201, Transportation Code.
(2) "Watercraft" has the meaning assigned by Section
49.01, Penal Code.
SECTION 2. Effective September 1, 2013, Section 411.0095,
Government Code, is amended to read as follows:
Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER
CROSSING. (a) The department may establish a program for the
purpose of establishing border crossing checkpoints to prevent
stolen vehicles, farm tractors or implements, construction
equipment, aircraft, or watercraft from entering Mexico.
(b) A checkpoint may be established under Subsection (a) if
the checkpoint is:
(1) located within 250 yards of a federally designated
crossing facility located at or near the actual boundary between
this state and Mexico;
(2) located on a public highway or street leading
directly to an international border crossing;
(3) designed to stop only traffic bound for Mexico;
and
(4) operated in such a manner as to stop only vehicles,
tractors or implements, equipment, aircraft, or watercraft for
which law enforcement authorities have probable cause to believe is
stolen and bound for Mexico.
(c) The department may establish the border crossing
checkpoint program in conjunction with local law enforcement
authorities. The department and local law enforcement authorities
may share the cost of staffing the checkpoints.
(d) 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. A peace officer at the checkpoint may
not direct a driver or a passenger in a motor vehicle to leave the
vehicle or move the vehicle off the roadway unless the officer has
reasonable suspicion or probable cause to believe that the person
committed or is committing an offense. However, a peace officer may
require that each motor vehicle passing through the checkpoint be
diverted to a location immediately adjacent to the roadway, if
desirable, to ensure safety.
(e) In this section:
(1) "Motor vehicle" and "vehicle" have the meanings
assigned to those terms by Section 541.201, Transportation Code.
(2) "Watercraft" has the meaning assigned by Section
49.01, Penal Code.
SECTION 3. Except as otherwise provided by this Act, this
Act takes effect September 1, 2011.