86R13757 JXC-D
By: Phelan H.B. No. 4064
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of commercial motor vehicle safety
standards in certain municipalities and counties.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 644.101(b), Transportation Code, as
amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324 (S.B.
1488), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
(b) A police officer of any of the following municipalities
is eligible to apply for certification under this section:
(1) a municipality with a population of 50,000 or
more;
(2) a municipality with a population of 25,000 or more
any part of which is located in a county with a population of
500,000 or more;
(3) a municipality with a population of less than
25,000:
(A) any part of which is located in a county with
a population of 3.3 million; and
(B) that contains or is adjacent to an
international port;
(4) a municipality with a population of at least
34,000 that is located in a county that borders two or more states;
(5) a municipality any part of which is located in a
county bordering the United Mexican States;
(6) a municipality with a population of less than
5,000 that is located:
(A) adjacent to a bay connected to the Gulf of
Mexico; and
(B) in a county adjacent to a county with a
population greater than 3.3 million;
(7) a municipality that is located:
(A) within 25 miles of an international port; and
(B) in a county that does not contain a highway
that is part of the national system of interstate and defense
highways and is adjacent to a county with a population greater than
3.3 million;
(8) a municipality with a population of less than
8,500 that:
(A) is the county seat; and
(B) contains a highway that is part of the
national system of interstate and defense highways;
(9) a municipality located in a county with a
population between 60,000 and 66,000 adjacent to a bay connected to
the Gulf of Mexico;
(10) a municipality with a population of more than
40,000 and less than 50,000 that is located in a county with a
population of more than 285,000 and less than 300,000 that borders
the Gulf of Mexico; [or]
(11) a municipality with a population between 18,000
and 18,500 that is located entirely in a county that:
(A) has a population of less than 200,000;
(B) is adjacent to two counties that each have a
population of more than 1.2 million; and
(C) contains two highways that are part of the
national system of interstate and defense highways;
(12) [(11)] a municipality with a population of more
than 3,000 and less than 10,000 that:
(A) contains a highway that is part of the
national system of interstate and defense highways; and
(B) is located in a county with a population
between 150,000 and 155,000; or
(13) a municipality located in a county described by
Subsection (c)(3).
SECTION 2. Section 644.101(c), Transportation Code, is
amended to read as follows:
(c) A sheriff or a deputy sheriff of any of the following
counties [a county bordering the United Mexican States or of a
county with a population of 700,000 or more] is eligible to apply
for certification under this section:
(1) a county bordering the United Mexican States;
(2) a county with a population of 700,000 or more; or
(3) a county with a population of less than 100,000
that borders the State of Louisiana and the Gulf Intracoastal
Waterway.
SECTION 3. Sections 644.102(f) and (f-1), Transportation
Code, are amended to read as follows:
(f) A municipality or county shall send to the comptroller
the proceeds of all fines that exceed the limit imposed by
Subsection (d) or (e). The comptroller shall then deposit the
remaining funds to the credit of:
(1) the state highway fund if collected in a county
described by Section 644.101(c)(3); or
(2) the Texas Department of Transportation if
collected in another county.
(f-1) A municipality or county that retains a fine from the
enforcement of this chapter shall annually file with the
comptroller a report that details the amount of fines retained from
the enforcement of this chapter and the actual expenses claimed by
the municipality or county for the enforcement of this chapter
during the previous fiscal year. A municipality or county that
fails to file a report as required by this subsection shall send an
amount equal to the amount retained by the municipality or county in
the fiscal year the report would cover to the comptroller for
deposit to the credit of:
(1) the state highway fund if collected in a county
described by Section 644.101(c)(3); or
(2) the Texas Department of Transportation if
collected in another county [an amount equal to the amount retained
by the municipality or county in the fiscal year the report would
cover].
SECTION 4. The changes in law made by this Act apply only to
a fine collected on or after the effective date of this Act.
SECTION 5. To the extent of any conflict, this Act prevails
over another Act of the 86th Legislature, Regular Session, 2019,
relating to nonsubstantive additions to and corrections in enacted
codes.
SECTION 6. This Act takes effect September 1, 2019.