82R3272 SJM-D
By: Hinojosa S.B. No. 294
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Department of Public Safety of the
State of Texas and the Texas Alcoholic Beverage Commission 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, bulk currency, drugs and
drug paraphernalia, and other contraband from this state to the
United Mexican States, the department and the Texas Alcoholic
Beverage Commission jointly shall investigate the feasibility of
assisting federal authorities in establishing permanent or
temporary 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 one mile of the international
border of this state; and
(2) designed to stop only traffic leaving this state
and entering the United Mexican States.
(c) 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.
(d) The department shall establish procedures to govern the
specific locations of the checkpoints and to ensure that, in the
absence of reasonable suspicion or probable cause, any inquiries
directed toward a driver or occupant of a vehicle at a checkpoint
are:
(1) reasonably related to the purpose of the
checkpoint;
(2) made with minimal intrusion on the driver or
occupant of the vehicle; and
(3) made in a consistent and indiscriminate manner
with respect to all vehicles entering the checkpoint.
(e) 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.
(f) An agreement entered into under Subsection (e) 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.
(g) 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.
(h) 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.