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.