| 1 | 1 | | 88R12808 CJD-D |
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| 2 | 2 | | By: King of Hemphill H.B. No. 2883 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to checkpoints established by the Department of Public |
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| 8 | 8 | | Safety at roadways entering this state from New Mexico. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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| 11 | 11 | | amended by adding Section 411.00951 to read as follows: |
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| 12 | 12 | | Sec. 411.00951. CHECKPOINTS AT ENTRY POINTS FROM NEW |
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| 13 | 13 | | MEXICO. (a) In this section: |
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| 14 | 14 | | (1) "Controlled substance" has the meaning assigned by |
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| 15 | 15 | | Section 481.002, Health and Safety Code. |
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| 16 | 16 | | (2) "Motor vehicle" has the meaning assigned by |
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| 17 | 17 | | Section 541.201, Transportation Code. |
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| 18 | 18 | | (b) The department shall establish a program for the purpose |
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| 19 | 19 | | of establishing state border crossing checkpoints to prevent |
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| 20 | 20 | | controlled substances from entering this state and for the |
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| 21 | 21 | | prevention and detection of other criminal offenses. |
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| 22 | 22 | | (c) A checkpoint shall be established under Subsection (b) |
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| 23 | 23 | | at each point located on a public highway or street leading directly |
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| 24 | 24 | | to a border between this state and New Mexico. |
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| 25 | 25 | | (d) A checkpoint established under Subsection (b) shall be |
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| 26 | 26 | | operated in a manner as to only stop a motor vehicle that: |
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| 27 | 27 | | (1) is entering this state; and |
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| 28 | 28 | | (2) law enforcement has probable cause to believe a |
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| 29 | 29 | | driver or passenger of is bringing a controlled substance into this |
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| 30 | 30 | | state or has committed another criminal offense. |
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| 31 | 31 | | (e) The department may establish the state border crossing |
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| 32 | 32 | | checkpoint program in conjunction with local law enforcement |
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| 33 | 33 | | authorities. The department and local law enforcement authorities |
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| 34 | 34 | | may share the cost of staffing the checkpoints. |
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| 35 | 35 | | (f) The department shall establish procedures governing the |
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| 36 | 36 | | encounter between the driver and the peace officers operating the |
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| 37 | 37 | | checkpoint that ensure that any intrusion on the driver is |
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| 38 | 38 | | minimized and that the inquiries made are reasonably related to the |
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| 39 | 39 | | purpose of the checkpoint. A peace officer at the checkpoint may |
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| 40 | 40 | | not direct a driver or a passenger in a motor vehicle to leave the |
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| 41 | 41 | | vehicle or move the vehicle off the roadway unless the officer has |
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| 42 | 42 | | reasonable suspicion or probable cause to believe that the person |
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| 43 | 43 | | committed or is committing an offense, including an offense |
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| 44 | 44 | | relating to the possession of a controlled substance. However, a |
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| 45 | 45 | | peace officer may require that each motor vehicle passing through |
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| 46 | 46 | | the checkpoint be diverted to a location immediately adjacent to |
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| 47 | 47 | | the roadway, if desirable, to ensure safety. |
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| 48 | 48 | | SECTION 2. This Act takes effect September 1, 2023. |
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