By De La Garza H.B. No. 116 A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to law enforcement efforts to prevent transportation of 1-3 stolen vehicles and heavy equipment into Mexico and to prevent 1-4 theft of vehicles and heavy equipment. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter A, Chapter 411, Government Code, is 1-7 amended by adding Section 411.0095 to read as follows: 1-8 Sec. 411.0095. LOCAL COOPERATION FOR VEHICLE THEFT 1-9 CHECKPOINTS. (a) The department may establish a program in 1-10 conjunction with local law enforcement authorities for the purpose 1-11 of establishing checkpoints to prevent stolen vehicles, farm 1-12 tractors or implements, or construction equipment from entering 1-13 Mexico. 1-14 (b) A checkpoint may be established for the purpose of 1-15 preventing stolen vehicles, farm tractors or implements, or 1-16 construction equipment from entering Mexico if the checkpoint is: 1-17 (1) located within 250 feet of the Mexican border; 1-18 (2) located on a public highway or street leading 1-19 directly to an international crossing; and 1-20 (3) designed to stop only traffic bound for Mexico. 1-21 (c) The department and local law enforcement authorities may 1-22 share the cost of staffing the checkpoints. 1-23 (d) The department shall establish procedures governing the 1-24 encounter between the driver and the peace officers operating the 2-1 checkpoint that ensure that any intrusion on the driver is 2-2 minimized and that the inquiries made are reasonably related to the 2-3 purpose of the checkpoint. A peace officer at the checkpoint may 2-4 not direct a driver or a passenger in a motor vehicle to leave the 2-5 vehicle or move the vehicle off the roadway unless the officer has 2-6 reasonable suspicion or probable cause to believe that the person 2-7 committed or is committing an offense. However, a peace officer 2-8 may require that each motor vehicle passing through the checkpoint 2-9 be diverted to a location immediately adjacent to the roadway, if 2-10 desirable, to ensure safety. 2-11 (e) In this section, "vehicle" has the meaning assigned by 2-12 Section 2, Uniform Act Regulating Traffic on Highways (Article 2-13 6701d, Vernon's Texas Civil Statutes). 2-14 SECTION 2. Article XIII, Uniform Act Regulating Traffic on 2-15 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended 2-16 by adding Section 107F to read as follows: 2-17 Sec. 107F. IDENTIFICATION REQUIRED FOR VEHICLE NEAR MEXICAN 2-18 BORDER. On the demand of a peace officer within 250 feet of the 2-19 Mexican border at a checkpoint authorized by Section 411.0095, 2-20 Government Code, a driver of a vehicle shall produce a valid 2-21 driver's license and proof of compliance with the Texas Motor 2-22 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas 2-23 Civil Statutes). 2-24 SECTION 3. This Act takes effect September 1, 1993. 2-25 SECTION 4. The importance of this legislation and the 2-26 crowded condition of the calendars in both houses create an 2-27 emergency and an imperative public necessity that the 3-1 constitutional rule requiring bills to be read on three several 3-2 days in each house be suspended, and this rule is hereby suspended.