1-1 By: De La Garza (Senate Sponsor - Lucio) H.B. No. 116
1-2 (In the Senate - Received from the House March 1, 1993;
1-3 March 2, 1993, read first time and referred to Committee on
1-4 Criminal Justice; May 11, 1993, reported favorably by the following
1-5 vote: Yeas 7, Nays 0; May 11, 1993, sent to printer.)
1-6 COMMITTEE VOTE
1-7 Yea Nay PNV Absent
1-8 Whitmire x
1-9 Brown x
1-10 Nelson x
1-11 Sibley x
1-12 Sims x
1-13 Turner x
1-14 West x
1-15 A BILL TO BE ENTITLED
1-16 AN ACT
1-17 relating to law enforcement efforts to prevent transportation of
1-18 stolen vehicles and heavy equipment into Mexico and to prevent
1-19 theft of vehicles and heavy equipment.
1-20 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-21 SECTION 1. Subchapter A, Chapter 411, Government Code, is
1-22 amended by adding Section 411.0095 to read as follows:
1-23 Sec. 411.0095. LOCAL COOPERATION FOR VEHICLE THEFT
1-24 CHECKPOINTS. (a) The department may establish a program in
1-25 conjunction with local law enforcement authorities for the purpose
1-26 of establishing checkpoints to prevent stolen vehicles, farm
1-27 tractors or implements, or construction equipment from entering
1-28 Mexico.
1-29 (b) A checkpoint may be established for the purpose of
1-30 preventing stolen vehicles, farm tractors or implements, or
1-31 construction equipment from entering Mexico if the checkpoint is:
1-32 (1) located within 250 feet of the Mexican border;
1-33 (2) located on a public highway or street leading
1-34 directly to an international crossing; and
1-35 (3) designed to stop only traffic bound for Mexico.
1-36 (c) The department and local law enforcement authorities may
1-37 share the cost of staffing the checkpoints.
1-38 (d) The department shall establish procedures governing the
1-39 encounter between the driver and the peace officers operating the
1-40 checkpoint that ensure that any intrusion on the driver is
1-41 minimized and that the inquiries made are reasonably related to the
1-42 purpose of the checkpoint. A peace officer at the checkpoint may
1-43 not direct a driver or a passenger in a motor vehicle to leave the
1-44 vehicle or move the vehicle off the roadway unless the officer has
1-45 reasonable suspicion or probable cause to believe that the person
1-46 committed or is committing an offense. However, a peace officer
1-47 may require that each motor vehicle passing through the checkpoint
1-48 be diverted to a location immediately adjacent to the roadway, if
1-49 desirable, to ensure safety.
1-50 (e) In this section, "vehicle" has the meaning assigned by
1-51 Section 2, Uniform Act Regulating Traffic on Highways (Article
1-52 6701d, Vernon's Texas Civil Statutes).
1-53 SECTION 2. Article XIII, Uniform Act Regulating Traffic on
1-54 Highways (Article 6701d, Vernon's Texas Civil Statutes), is amended
1-55 by adding Section 107F to read as follows:
1-56 Sec. 107F. IDENTIFICATION REQUIRED FOR VEHICLE NEAR MEXICAN
1-57 BORDER. On the demand of a peace officer within 250 feet of the
1-58 Mexican border at a checkpoint authorized by Section 411.0095,
1-59 Government Code, a driver of a vehicle shall produce a valid
1-60 driver's license and proof of compliance with the Texas Motor
1-61 Vehicle Safety-Responsibility Act (Article 6701h, Vernon's Texas
1-62 Civil Statutes).
1-63 SECTION 3. This Act takes effect September 1, 1993.
1-64 SECTION 4. The importance of this legislation and the
1-65 crowded condition of the calendars in both houses create an
1-66 emergency and an imperative public necessity that the
1-67 constitutional rule requiring bills to be read on three several
1-68 days in each house be suspended, and this rule is hereby suspended.
2-1 * * * * *
2-2 Austin,
2-3 Texas
2-4 May 11, 1992
2-5 Hon. Bob Bullock
2-6 President of the Senate
2-7 Sir:
2-8 We, your Committee on Criminal Justice to which was referred H.B.
2-9 No. 116, have had the same under consideration, and I am instructed
2-10 to report it back to the Senate with the recommendation that it do
2-11 pass and be printed.
2-12 Whitmire,
2-13 Chairman
2-14 * * * * *
2-15 WITNESSES
2-16 No witnesses appeared on H.B. No. 116.