By: Lucio S.B. No. 43
(In the Senate - Filed June 15, 2011; June 22, 2011, read
first time and referred to Committee on Transportation and Homeland
Security; June 22, 2011, reported favorably by the following vote:
Yeas 8, Nays 0; June 22, 2011, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to authorizing the Department of Public Safety of the
State of Texas 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. The heading to Section 411.0095, Government
Code, is amended to read as follows:
Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR
TEXAS-MEXICO [AT] BORDER [CROSSING].
SECTION 2. Subsections (a) through (d), Section 411.0095,
Government Code, are amended to read as follows:
(a) The department may establish [a program for the purpose
of establishing] border [crossing] checkpoints to prevent the
unlawful possession or unlawful and imminent movement or transfer
from this state to Mexico of:
(1) firearms, in violation of Section 46.14, Penal
Code;
(2) controlled substances, in violation of Chapter
481, Health and Safety Code;
(3) currency, in violation of Section 34.02, Penal
Code; or
(4) stolen vehicles, farm tractors or implements,
construction equipment, aircraft, or watercraft, in violation of
Section 31.03, Penal Code [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 prevent firearms,
controlled substances, currency, [stop only] vehicles, tractors or
implements, equipment, aircraft, or watercraft that [for which] law
enforcement authorities have probable cause to believe are
unlawfully possessed or being unlawfully and imminently
transferred or moved from this state to [is stolen and bound for]
Mexico from being possessed or transferred or moved to Mexico.
(c) The department may establish [the] border checkpoints
[crossing checkpoint program] in conjunction with federal and local
law enforcement authorities. The department and federal 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.]
SECTION 3. Effective September 1, 2015, Section 411.0095,
Government Code, is reenacted 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 4. Except as otherwise provided by this Act, 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 on the
91st day after the last day of the legislative session.
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