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