Texas 2019 - 86th Regular

Texas House Bill HB4064 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	86R13757 JXC-D
2	2	By: Phelan H.B. No. 4064
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the enforcement of commercial motor vehicle safety
8	8	standards in certain municipalities and counties.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Section 644.101(b), Transportation Code, as
11	11	amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324 (S.B.
12	12	1488), Acts of the 85th Legislature, Regular Session, 2017, is
13	13	reenacted and amended to read as follows:
14	14	(b) A police officer of any of the following municipalities
15	15	is eligible to apply for certification under this section:
16	16	(1) a municipality with a population of 50,000 or
17	17	more;
18	18	(2) a municipality with a population of 25,000 or more
19	19	any part of which is located in a county with a population of
20	20	500,000 or more;
21	21	(3) a municipality with a population of less than
22	22	25,000:
23	23	(A) any part of which is located in a county with
24	24	a population of 3.3 million; and
25	25	(B) that contains or is adjacent to an
26	26	international port;
27	27	(4) a municipality with a population of at least
28	28	34,000 that is located in a county that borders two or more states;
29	29	(5) a municipality any part of which is located in a
30	30	county bordering the United Mexican States;
31	31	(6) a municipality with a population of less than
32	32	5,000 that is located:
33	33	(A) adjacent to a bay connected to the Gulf of
34	34	Mexico; and
35	35	(B) in a county adjacent to a county with a
36	36	population greater than 3.3 million;
37	37	(7) a municipality that is located:
38	38	(A) within 25 miles of an international port; and
39	39	(B) in a county that does not contain a highway
40	40	that is part of the national system of interstate and defense
41	41	highways and is adjacent to a county with a population greater than
42	42	3.3 million;
43	43	(8) a municipality with a population of less than
44	44	8,500 that:
45	45	(A) is the county seat; and
46	46	(B) contains a highway that is part of the
47	47	national system of interstate and defense highways;
48	48	(9) a municipality located in a county with a
49	49	population between 60,000 and 66,000 adjacent to a bay connected to
50	50	the Gulf of Mexico;
51	51	(10) a municipality with a population of more than
52	52	40,000 and less than 50,000 that is located in a county with a
53	53	population of more than 285,000 and less than 300,000 that borders
54	54	the Gulf of Mexico; [or]
55	55	(11) a municipality with a population between 18,000
56	56	and 18,500 that is located entirely in a county that:
57	57	(A) has a population of less than 200,000;
58	58	(B) is adjacent to two counties that each have a
59	59	population of more than 1.2 million; and
60	60	(C) contains two highways that are part of the
61	61	national system of interstate and defense highways;
62	62	(12) [(11)] a municipality with a population of more
63	63	than 3,000 and less than 10,000 that:
64	64	(A) contains a highway that is part of the
65	65	national system of interstate and defense highways; and
66	66	(B) is located in a county with a population
67	67	between 150,000 and 155,000; or
68	68	(13) a municipality located in a county described by
69	69	Subsection (c)(3).
70	70	SECTION 2. Section 644.101(c), Transportation Code, is
71	71	amended to read as follows:
72	72	(c) A sheriff or a deputy sheriff of any of the following
73	73	counties [a county bordering the United Mexican States or of a
74	74	county with a population of 700,000 or more] is eligible to apply
75	75	for certification under this section:
76	76	(1) a county bordering the United Mexican States;
77	77	(2) a county with a population of 700,000 or more; or
78	78	(3) a county with a population of less than 100,000
79	79	that borders the State of Louisiana and the Gulf Intracoastal
80	80	Waterway.
81	81	SECTION 3. Sections 644.102(f) and (f-1), Transportation
82	82	Code, are amended to read as follows:
83	83	(f) A municipality or county shall send to the comptroller
84	84	the proceeds of all fines that exceed the limit imposed by
85	85	Subsection (d) or (e). The comptroller shall then deposit the
86	86	remaining funds to the credit of:
87	87	(1) the state highway fund if collected in a county
88	88	described by Section 644.101(c)(3); or
89	89	(2) the Texas Department of Transportation if
90	90	collected in another county.
91	91	(f-1) A municipality or county that retains a fine from the
92	92	enforcement of this chapter shall annually file with the
93	93	comptroller a report that details the amount of fines retained from
94	94	the enforcement of this chapter and the actual expenses claimed by
95	95	the municipality or county for the enforcement of this chapter
96	96	during the previous fiscal year. A municipality or county that
97	97	fails to file a report as required by this subsection shall send an
98	98	amount equal to the amount retained by the municipality or county in
99	99	the fiscal year the report would cover to the comptroller for
100	100	deposit to the credit of:
101	101	(1) the state highway fund if collected in a county
102	102	described by Section 644.101(c)(3); or
103	103	(2) the Texas Department of Transportation if
104	104	collected in another county [an amount equal to the amount retained
105	105	by the municipality or county in the fiscal year the report would
106	106	cover].
107	107	SECTION 4. The changes in law made by this Act apply only to
108	108	a fine collected on or after the effective date of this Act.
109	109	SECTION 5. To the extent of any conflict, this Act prevails
110	110	over another Act of the 86th Legislature, Regular Session, 2019,
111	111	relating to nonsubstantive additions to and corrections in enacted
112	112	codes.
113	113	SECTION 6. This Act takes effect September 1, 2019.