Texas 2011 - 82nd 1st C.S.

Texas Senate Bill SB43 Compare Versions

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1	1	By: Lucio S.B. No. 43
2	2	(In the Senate - Filed June 15, 2011; June 22, 2011, read
3	3	first time and referred to Committee on Transportation and Homeland
4	4	Security; June 22, 2011, reported favorably by the following vote:
5	5	Yeas 8, Nays 0; June 22, 2011, sent to printer.)
6	6
7	7
8	8	A BILL TO BE ENTITLED
9	9	AN ACT
10	10	relating to authorizing the Department of Public Safety of the
11	11	State of Texas to operate one or more southbound vehicle
12	12	checkpoints near the international border of this state for the
13	13	purpose of preventing certain criminal offenses.
14	14	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
15	15	SECTION 1. The heading to Section 411.0095, Government
16	16	Code, is amended to read as follows:
17	17	Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR
18	18	TEXAS-MEXICO [AT] BORDER [CROSSING].
19	19	SECTION 2. Subsections (a) through (d), Section 411.0095,
20	20	Government Code, are amended to read as follows:
21	21	(a) The department may establish [a program for the purpose
22	22	of establishing] border [crossing] checkpoints to prevent the
23	23	unlawful possession or unlawful and imminent movement or transfer
24	24	from this state to Mexico of:
25	25	(1) firearms, in violation of Section 46.14, Penal
26	26	Code;
27	27	(2) controlled substances, in violation of Chapter
28	28	481, Health and Safety Code;
29	29	(3) currency, in violation of Section 34.02, Penal
30	30	Code; or
31	31	(4) stolen vehicles, farm tractors or implements,
32	32	construction equipment, aircraft, or watercraft, in violation of
33	33	Section 31.03, Penal Code [from entering Mexico].
34	34	(b) A checkpoint may be established under Subsection (a) if
35	35	the checkpoint is:
36	36	(1) located within 250 yards of a federally designated
37	37	crossing facility located at or near the actual boundary between
38	38	this state and Mexico;
39	39	(2) located on a public highway or street leading
40	40	directly to an international border crossing;
41	41	(3) designed to stop only traffic bound for Mexico;
42	42	and
43	43	(4) operated in such a manner as to prevent firearms,
44	44	controlled substances, currency, [stop only] vehicles, tractors or
45	45	implements, equipment, aircraft, or watercraft that [for which] law
46	46	enforcement authorities have probable cause to believe are
47	47	unlawfully possessed or being unlawfully and imminently
48	48	transferred or moved from this state to [is stolen and bound for]
49	49	Mexico from being possessed or transferred or moved to Mexico.
50	50	(c) The department may establish [the] border checkpoints
51	51	[crossing checkpoint program] in conjunction with federal and local
52	52	law enforcement authorities. The department and federal and local
53	53	law enforcement authorities may share the cost of staffing the
54	54	checkpoints.
55	55	(d) The department shall establish procedures governing the
56	56	encounter between the driver and the peace officers operating the
57	57	checkpoint that ensure that any intrusion on the driver is
58	58	minimized and that the inquiries made are reasonably related to the
59	59	purpose of the checkpoint. [A peace officer at the checkpoint may
60	60	not direct a driver or a passenger in a motor vehicle to leave the
61	61	vehicle or move the vehicle off the roadway unless the officer has
62	62	reasonable suspicion or probable cause to believe that the person
63	63	committed or is committing an offense. However, a peace officer may
64	64	require that each motor vehicle passing through the checkpoint be
65	65	diverted to a location immediately adjacent to the roadway, if
66	66	desirable, to ensure safety.]
67	67	SECTION 3. Effective September 1, 2015, Section 411.0095,
68	68	Government Code, is reenacted to read as follows:
69	69	Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER
70	70	CROSSING. (a) The department may establish a program for the
71	71	purpose of establishing border crossing checkpoints to prevent
72	72	stolen vehicles, farm tractors or implements, construction
73	73	equipment, aircraft, or watercraft from entering Mexico.
74	74	(b) A checkpoint may be established under Subsection (a) if
75	75	the checkpoint is:
76	76	(1) located within 250 yards of a federally designated
77	77	crossing facility located at or near the actual boundary between
78	78	this state and Mexico;
79	79	(2) located on a public highway or street leading
80	80	directly to an international border crossing;
81	81	(3) designed to stop only traffic bound for Mexico;
82	82	and
83	83	(4) operated in such a manner as to stop only vehicles,
84	84	tractors or implements, equipment, aircraft, or watercraft for
85	85	which law enforcement authorities have probable cause to believe is
86	86	stolen and bound for Mexico.
87	87	(c) The department may establish the border crossing
88	88	checkpoint program in conjunction with local law enforcement
89	89	authorities. The department and local law enforcement authorities
90	90	may share the cost of staffing the checkpoints.
91	91	(d) The department shall establish procedures governing the
92	92	encounter between the driver and the peace officers operating the
93	93	checkpoint that ensure that any intrusion on the driver is
94	94	minimized and that the inquiries made are reasonably related to the
95	95	purpose of the checkpoint. A peace officer at the checkpoint may
96	96	not direct a driver or a passenger in a motor vehicle to leave the
97	97	vehicle or move the vehicle off the roadway unless the officer has
98	98	reasonable suspicion or probable cause to believe that the person
99	99	committed or is committing an offense. However, a peace officer may
100	100	require that each motor vehicle passing through the checkpoint be
101	101	diverted to a location immediately adjacent to the roadway, if
102	102	desirable, to ensure safety.
103	103	(e) In this section:
104	104	(1) "Motor vehicle" and "vehicle" have the meanings
105	105	assigned to those terms by Section 541.201, Transportation Code.
106	106	(2) "Watercraft" has the meaning assigned by Section
107	107	49.01, Penal Code.
108	108	SECTION 4. Except as otherwise provided by this Act, this
109	109	Act takes effect immediately if it receives a vote of two-thirds of
110	110	all the members elected to each house, as provided by Section 39,
111	111	Article III, Texas Constitution. If this Act does not receive the
112	112	vote necessary for immediate effect, this Act takes effect on the
113	113	91st day after the last day of the legislative session.
114	114	* * * * *