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.