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.