| 1 | 1 | | By: Toth H.B. No. 4349 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the duties of a constable and deputy constable; |
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| 7 | 7 | | authorizing certification. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Section 621.401, Transportation Code, is amended |
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| 10 | 10 | | to read as follows: |
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| 11 | 11 | | Sec. 621.401. DEFINITION. In this subchapter, "weight |
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| 12 | 12 | | enforcement officer" means: |
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| 13 | 13 | | (1) a license and weight inspector of the Department |
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| 14 | 14 | | of Public Safety; |
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| 15 | 15 | | (2) a highway patrol officer; |
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| 16 | 16 | | (3) a sheriff or sheriff's deputy; |
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| 17 | 17 | | (4) a municipal police officer in a municipality with |
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| 18 | 18 | | a population of: |
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| 19 | 19 | | (A) 100,000 or more; or |
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| 20 | 20 | | (B) 74,000 or more in a county with a population |
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| 21 | 21 | | of more than 1.5 million; |
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| 22 | 22 | | (5) a police officer certified under Section 644.101; |
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| 23 | 23 | | or |
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| 24 | 24 | | (6) a constable or deputy constable [designated under |
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| 25 | 25 | | Section 621.4015]. |
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| 26 | 26 | | SECTION 2. Section 644.101(a), Transportation Code, is |
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| 27 | 27 | | amended to read as follows: |
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| 28 | 28 | | (a) The department shall establish procedures, including |
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| 29 | 29 | | training, for the certification of municipal police officers, |
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| 30 | 30 | | sheriffs, [and] deputy sheriffs, constables, and deputy constables |
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| 31 | 31 | | to enforce this chapter. |
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| 32 | 32 | | SECTION 3. Section 644.103(b), Transportation Code, is |
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| 33 | 33 | | amended to read as follows: |
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| 34 | 34 | | (b) A municipal police officer who is certified under |
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| 35 | 35 | | Section 644.101 may stop, enter, or detain on a highway or at a port |
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| 36 | 36 | | of entry within the territory of the municipality a motor vehicle |
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| 37 | 37 | | that is subject to this chapter. A sheriff, [or] deputy sheriff, |
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| 38 | 38 | | constable, or deputy constable who is certified under Section |
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| 39 | 39 | | 644.101 may stop, enter, or detain on a highway or at a port of entry |
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| 40 | 40 | | within the territory of the county a motor vehicle that is subject |
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| 41 | 41 | | to this chapter. |
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| 42 | 42 | | SECTION 4. Section 621.4015, Transportation Code, is |
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| 43 | 43 | | repealed. |
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| 44 | 44 | | SECTION 5. This Act takes effect immediately if it receives |
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| 45 | 45 | | a vote of two-thirds of all the members elected to each house, as |
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| 46 | 46 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 47 | 47 | | Act does not receive the vote necessary for immediate effect, this |
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| 48 | 48 | | Act takes effect September 1, 2019. |
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