| 1 | 1 | | By: Virdell H.B. No. 1384 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | |
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| 6 | 6 | | A BILL TO BE ENTITLED |
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| 7 | 7 | | AN ACT |
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| 8 | 8 | | relating to the enforcement of certain standards for commercial |
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| 9 | 9 | | motor vehicles. |
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| 10 | 10 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 11 | 11 | | SECTION 1. Sections 621.402(a) and (c), Transportation |
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| 12 | 12 | | Code, are amended to read as follows: |
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| 13 | 13 | | (a) A weight enforcement officer who has probable cause |
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| 14 | 14 | | [reason] to believe that the single axle weight, tandem axle |
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| 15 | 15 | | weight, or gross weight of a loaded motor vehicle is unlawful may: |
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| 16 | 16 | | (1) weigh the vehicle using portable or stationary |
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| 17 | 17 | | scales furnished or approved by the Department of Public Safety; or |
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| 18 | 18 | | (2) require the vehicle to be weighed by a public |
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| 19 | 19 | | weigher. |
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| 20 | 20 | | (c) A noncommissioned employee of the Department of Public |
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| 21 | 21 | | Safety who is certified for the purpose by the public safety |
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| 22 | 22 | | director and who is supervised by an officer of the Department of |
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| 23 | 23 | | Public Safety may, in a port of entry or at a commercial motor |
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| 24 | 24 | | vehicle inspection site, weigh a vehicle, require the vehicle to be |
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| 25 | 25 | | weighed, or require a vehicle to be driven to the nearest scale |
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| 26 | 26 | | under Subsections (a) and (b) only if the employee has probable |
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| 27 | 27 | | cause to believe that the single axle weight, tandem axle weight, or |
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| 28 | 28 | | gross weight of a loaded motor vehicle is unlawful. |
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| 29 | 29 | | SECTION 2. Section 644.103, Transportation Code, is amended |
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| 30 | 30 | | by amending Subsections (a), (b), and (d), and adding Subsection |
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| 31 | 31 | | (b-1) to read as follows: |
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| 32 | 32 | | (a) An officer of the department may stop, enter, or detain |
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| 33 | 33 | | on a highway or at a port of entry a motor vehicle that is subject to |
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| 34 | 34 | | this chapter only if the officer has probable cause to believe the |
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| 35 | 35 | | vehicle or operator of the vehicle is in violation of this title or |
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| 36 | 36 | | a rule adopted under this title, including a federal safety |
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| 37 | 37 | | regulation adopted under this chapter. |
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| 38 | 38 | | (b) A municipal police officer who is certified under |
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| 39 | 39 | | Section 644.101 may stop, enter, or detain on a highway or at a port |
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| 40 | 40 | | of entry within the territory of the municipality a motor vehicle |
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| 41 | 41 | | that is subject to this chapter only if the municipal police officer |
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| 42 | 42 | | has probable cause to believe the vehicle or operator of the vehicle |
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| 43 | 43 | | is in violation of this title or a rule adopted under this title, |
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| 44 | 44 | | including a federal safety regulation adopted under this chapter. |
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| 45 | 45 | | (b-1) A sheriff or deputy sheriff 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 county a motor vehicle that is |
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| 48 | 48 | | subject to this chapter only if the sheriff or deputy sheriff has |
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| 49 | 49 | | probable cause to believe the vehicle or operator of the vehicle is |
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| 50 | 50 | | in violation of this title or a rule adopted under this title, |
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| 51 | 51 | | including a federal safety regulation adopted under this chapter. |
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| 52 | 52 | | (d) A noncommissioned employee of the department who is |
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| 53 | 53 | | certified for the purpose by the director and who is supervised by |
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| 54 | 54 | | an officer of the department may, at a commercial motor vehicle |
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| 55 | 55 | | inspection site, stop, enter, or detain a motor vehicle that is |
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| 56 | 56 | | subject to this chapter only if the noncommissioned employee has |
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| 57 | 57 | | probable cause to believe the vehicle or operator of the vehicle is |
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| 58 | 58 | | in violation of this title or a rule adopted under this title, |
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| 59 | 59 | | including a federal safety regulation adopted under this chapter. |
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| 60 | 60 | | If the employee's inspection shows that an enforcement action, such |
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| 61 | 61 | | as the issuance of a citation, is warranted for a violation of this |
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| 62 | 62 | | title or a rule adopted under this title, including a federal safety |
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| 63 | 63 | | regulation adopted under this chapter, the noncommissioned |
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| 64 | 64 | | employee may take enforcement action only if the employee is under |
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| 65 | 65 | | the supervision of an officer of the department. |
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| 66 | 66 | | SECTION 3. This Act takes effect September 1, 2025. |
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