| 1 | 1 | | By: Zaffirini S.B. No. 320 |
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| 2 | 2 | | (In the Senate - Filed January 16, 2015; February 2, 2015, |
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| 3 | 3 | | read first time and referred to Committee on Transportation; |
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| 4 | 4 | | April 30, 2015, reported adversely, with favorable Committee |
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| 5 | 5 | | Substitute by the following vote: Yeas 6, Nays 3; April 30, 2015, |
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| 6 | 6 | | sent to printer.) |
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| 7 | 7 | | Click here to see the committee vote |
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| 8 | 8 | | COMMITTEE SUBSTITUTE FOR S.B. No. 320 By: Ellis |
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| 9 | 9 | | |
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| 10 | 10 | | |
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| 11 | 11 | | A BILL TO BE ENTITLED |
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| 12 | 12 | | AN ACT |
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| 13 | 13 | | relating to the enforcement of certain motor vehicle weight and |
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| 14 | 14 | | safety standards. |
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| 15 | 15 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 16 | 16 | | SECTION 1. Section 621.402, Transportation Code, is amended |
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| 17 | 17 | | by adding Subsection (e) to read as follows: |
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| 18 | 18 | | (e) The Department of Public Safety: |
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| 19 | 19 | | (1) shall establish by rule uniform weighing |
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| 20 | 20 | | procedures for weight enforcement officers to ensure an accurate |
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| 21 | 21 | | weight is obtained for a motor vehicle; and |
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| 22 | 22 | | (2) may revoke or rescind the authority of: |
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| 23 | 23 | | (A) a weight enforcement officer who fails to |
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| 24 | 24 | | comply with those rules; or |
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| 25 | 25 | | (B) weight enforcement officers of a municipal |
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| 26 | 26 | | police department, sheriff's department, or constable's office that |
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| 27 | 27 | | fails to comply with those rules. |
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| 28 | 28 | | SECTION 2. Section 644.101(b), Transportation Code, is |
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| 29 | 29 | | amended to read as follows: |
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| 30 | 30 | | (b) A police officer of any of the following municipalities |
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| 31 | 31 | | is eligible to apply for certification under this section: |
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| 32 | 32 | | (1) a municipality with a population of 50,000 or |
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| 33 | 33 | | more; |
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| 34 | 34 | | (2) a municipality with a population of 25,000 or more |
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| 35 | 35 | | any part of which is located in a county with a population of |
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| 36 | 36 | | 500,000 or more; |
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| 37 | 37 | | (3) a municipality with a population of less than |
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| 38 | 38 | | 25,000: |
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| 39 | 39 | | (A) any part of which is located in a county with |
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| 40 | 40 | | a population of 3.3 million; and |
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| 41 | 41 | | (B) that contains or is adjacent to an |
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| 42 | 42 | | international port; |
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| 43 | 43 | | (4) a municipality with a population of at least |
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| 44 | 44 | | 34,000 that is located in a county that borders two or more states; |
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| 45 | 45 | | (5) a municipality any part of which is located in a |
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| 46 | 46 | | county bordering the United Mexican States; |
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| 47 | 47 | | (6) a municipality with a population of less than |
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| 48 | 48 | | 5,000 that is located: |
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| 49 | 49 | | (A) adjacent to a bay connected to the Gulf of |
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| 50 | 50 | | Mexico; and |
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| 51 | 51 | | (B) in a county adjacent to a county with a |
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| 52 | 52 | | population greater than 3.3 million; |
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| 53 | 53 | | (7) a municipality that is located: |
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| 54 | 54 | | (A) within 25 miles of an international port; and |
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| 55 | 55 | | (B) in a county that does not contain a highway |
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| 56 | 56 | | that is part of the national system of interstate and defense |
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| 57 | 57 | | highways and is adjacent to a county with a population greater than |
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| 58 | 58 | | 3.3 million; [or] |
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| 59 | 59 | | (8) a municipality with a population of less than |
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| 60 | 60 | | 8,500 that: |
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| 61 | 61 | | (A) is the county seat; and |
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| 62 | 62 | | (B) contains a highway that is part of the |
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| 63 | 63 | | national system of interstate and defense highways; or |
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| 64 | 64 | | (9) a municipality located in a county with a |
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| 65 | 65 | | population between 60,000 and 66,000 adjacent to a bay connected to |
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| 66 | 66 | | the Gulf of Mexico. |
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| 67 | 67 | | SECTION 3. This Act takes effect immediately if it receives |
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| 68 | 68 | | a vote of two-thirds of all the members elected to each house, as |
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| 69 | 69 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 70 | 70 | | Act does not receive the vote necessary for immediate effect, this |
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| 71 | 71 | | Act takes effect September 1, 2015. |
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| 72 | 72 | | * * * * * |
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