| 1 | 1 | | By: Toth H.B. No. 1096 |
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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 enforcement of commercial motor vehicle safety |
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| 7 | 7 | | standards in certain counties. |
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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 644.101, Transportation Code, is amended |
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| 10 | 10 | | by amending Subsection (a) and adding Subsection (c-1) to read as |
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| 11 | 11 | | follows: |
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| 12 | 12 | | (a) The department shall establish procedures, including |
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| 13 | 13 | | training, for the certification of municipal police officers, |
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| 14 | 14 | | sheriffs, [and] deputy sheriffs, constables, and deputy constables |
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| 15 | 15 | | to enforce this chapter. |
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| 16 | 16 | | (c-1) A constable or deputy constable of a county described |
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| 17 | 17 | | by this subsection is eligible to apply for certification under |
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| 18 | 18 | | this section. This subsection applies only to a constable or deputy |
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| 19 | 19 | | constable of a county: |
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| 20 | 20 | | (1) that is adjacent to a county with a population of |
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| 21 | 21 | | 3.3 million or more; and |
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| 22 | 22 | | (2) in which a planned community is located that has |
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| 23 | 23 | | 20,000 or more acres of land, that was originally established under |
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| 24 | 24 | | the Urban Growth and New Community Development Act of 1970 (42 |
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| 25 | 25 | | U.S.C. Section 4501 et seq.), and that is subject to restrictive |
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| 26 | 26 | | covenants containing ad valorem or annual variable budget based |
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| 27 | 27 | | assessments on real property. |
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| 28 | 28 | | SECTION 2. Section 644.101(c), Transportation Code, as |
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| 29 | 29 | | amended by Chapters 169 (H.B. 917) and 478 (H.B. 511), Acts of the |
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| 30 | 30 | | 86th Legislature, Regular Session, 2019, is reenacted and amended |
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| 31 | 31 | | to read as follows: |
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| 32 | 32 | | (c) A sheriff or a deputy sheriff of any of the following |
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| 33 | 33 | | counties is eligible to apply for certification under this section: |
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| 34 | 34 | | (1) a county bordering the United Mexican States; |
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| 35 | 35 | | (2) a county with a population of less than 1,000, part |
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| 36 | 36 | | of which is located within 75 miles of an international border; [or] |
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| 37 | 37 | | (3) [(2)] a county with a population of 700,000 or |
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| 38 | 38 | | more; [or] |
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| 39 | 39 | | (4) [(3)] a county with a population of 400,000 or |
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| 40 | 40 | | more that borders the county in which the State Capitol is located; |
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| 41 | 41 | | or |
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| 42 | 42 | | (5) a county described by Subsection (c-1). |
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| 43 | 43 | | SECTION 3. Section 644.103(b), Transportation Code, is |
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| 44 | 44 | | amended to read as follows: |
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| 45 | 45 | | (b) A municipal police officer who is certified under |
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| 46 | 46 | | Section 644.101 may stop, enter, or detain on a highway or at a port |
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| 47 | 47 | | of entry within the territory of the municipality a motor vehicle |
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| 48 | 48 | | that is subject to this chapter. A sheriff, [or] deputy sheriff, |
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| 49 | 49 | | constable, or deputy constable who is certified under Section |
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| 50 | 50 | | 644.101 may stop, enter, or detain on a highway or at a port of entry |
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| 51 | 51 | | within the territory of the county a motor vehicle that is subject |
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| 52 | 52 | | to this chapter. |
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| 53 | 53 | | SECTION 4. This Act takes effect immediately if it receives |
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| 54 | 54 | | a vote of two-thirds of all the members elected to each house, as |
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| 55 | 55 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 56 | 56 | | Act does not receive the vote necessary for immediate effect, this |
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| 57 | 57 | | Act takes effect September 1, 2023. |
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