By: Virdell H.B. No. 1384
A BILL TO BE ENTITLED
AN ACT
relating to the enforcement of certain standards for commercial
motor vehicles.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Sections 621.402(a) and (c), Transportation
Code, are amended to read as follows:
(a) A weight enforcement officer who has probable cause
[reason] to believe that the single axle weight, tandem axle
weight, or gross weight of a loaded motor vehicle is unlawful may:
(1) weigh the vehicle using portable or stationary
scales furnished or approved by the Department of Public Safety; or
(2) require the vehicle to be weighed by a public
weigher.
(c) A noncommissioned employee of the Department of Public
Safety who is certified for the purpose by the public safety
director and who is supervised by an officer of the Department of
Public Safety may, in a port of entry or at a commercial motor
vehicle inspection site, weigh a vehicle, require the vehicle to be
weighed, or require a vehicle to be driven to the nearest scale
under Subsections (a) and (b) only if the employee has probable
cause to believe that the single axle weight, tandem axle weight, or
gross weight of a loaded motor vehicle is unlawful.
SECTION 2. Section 644.103, Transportation Code, is amended
by amending Subsections (a), (b), and (d), and adding Subsection
(b-1) to read as follows:
(a) An officer of the department may stop, enter, or detain
on a highway or at a port of entry a motor vehicle that is subject to
this chapter only if the officer has probable cause to believe the
vehicle or operator of the vehicle is in violation of this title or
a rule adopted under this title, including a federal safety
regulation adopted under this chapter.
(b) A municipal police officer who is certified under
Section 644.101 may stop, enter, or detain on a highway or at a port
of entry within the territory of the municipality a motor vehicle
that is subject to this chapter only if the municipal police officer
has probable cause to believe the vehicle or operator of the vehicle
is in violation of this title or a rule adopted under this title,
including a federal safety regulation adopted under this chapter.
(b-1) A sheriff or deputy sheriff who is certified under
Section 644.101 may stop, enter, or detain on a highway or at a port
of entry within the territory of the county a motor vehicle that is
subject to this chapter only if the sheriff or deputy sheriff has
probable cause to believe the vehicle or operator of the vehicle is
in violation of this title or a rule adopted under this title,
including a federal safety regulation adopted under this chapter.
(d) A noncommissioned employee of the department who is
certified for the purpose by the director and who is supervised by
an officer of the department may, at a commercial motor vehicle
inspection site, stop, enter, or detain a motor vehicle that is
subject to this chapter only if the noncommissioned employee has
probable cause to believe the vehicle or operator of the vehicle is
in violation of this title or a rule adopted under this title,
including a federal safety regulation adopted under this chapter.
If the employee's inspection shows that an enforcement action, such
as the issuance of a citation, is warranted for a violation of this
title or a rule adopted under this title, including a federal safety
regulation adopted under this chapter, the noncommissioned
employee may take enforcement action only if the employee is under
the supervision of an officer of the department.
SECTION 3. This Act takes effect September 1, 2025.