2011S0648-1 03/09/11
By: Williams S.B. No. 1700
A BILL TO BE ENTITLED
AN ACT
relating to checkpoints to ensure the validity of licenses and
financial responsibility of vehicle operators.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 600, Transportation Code, is amended by
adding Section 600.005 to read as follows:
Sec. 600.005. DRIVER'S LICENSE AND EVIDENCE OF FINANCIAL
RESPONSIBILITY CHECKPOINTS. (a) The department may establish a
program for the purpose of establishing checkpoints to ensure that
operators of motor vehicles in this state are not in violation of
Section 521.021, 522.011, or 601.051.
(b) The department may establish the checkpoint program in
conjunction with local law enforcement authorities. The department
and local law enforcement authorities may share the cost of
staffing the checkpoints conducted under the program established by
this section.
(c) The department shall establish procedures to be used in
the operation of a checkpoint conducted under the program
established by this section.
(d) The procedures for the operation of a checkpoint
conducted under the program established by this section must:
(1) limit the discretion of the peace officers
conducting the checkpoint;
(2) ensure that the selection of motor vehicles to be
stopped is reasonably predictable and nonarbitrary;
(3) ensure that intrusion on the operator is
minimized; and
(4) ensure that an inquiry is reasonably related to
the purpose of the checkpoint.
(e) The department shall keep a record of the operation of a
checkpoint conducted under the program established by this section
that contains:
(1) the date, time, location, and duration of the
checkpoint;
(2) the number of motor vehicles stopped at the
checkpoint and the number and nature of arrests made and citations
issued at the checkpoint; and
(3) the identities of the peace officers operating the
checkpoint.
SECTION 2. This Act takes effect September 1, 2011.