By: Alexander H.B. No. 2025
73R3106 CAG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the positions of constable, deputy constable, special
1-3 state constable, and certain other peace officers and justices of
1-4 the peace.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Chapter 142, Agriculture Code, is amended by
1-7 adding Section 142.015 to read as follows:
1-8 Sec. 142.015. ENFORCEMENT BY CERTAIN COUNTY CONSTABLES. A
1-9 constable who serves a county with a population of 70,000 or less
1-10 may enforce a provision of this chapter within the boundaries of
1-11 the county.
1-12 SECTION 2. Subchapter A, Chapter 86, Local Government Code,
1-13 is amended by adding Section 86.004 to read as follows:
1-14 Sec. 86.004. LOCATION OF OFFICE. (a) A constable's office
1-15 may be provided at any location in the constable's precinct.
1-16 (b) A constable's office may be provided outside the
1-17 constable's precinct if the office is in:
1-18 (1) the county courthouse of the constable's county;
1-19 or
1-20 (2) a building having its main entrance within 5,000
1-21 feet of the precinct line, measured along street lines and in
1-22 direct line across intersections.
1-23 SECTION 3. Section 86.021, Local Government Code, is amended
1-24 to read as follows:
2-1 Sec. 86.021. GENERAL POWERS AND DUTIES. (a) A constable
2-2 has throughout the state the powers and duties of a peace officer,
2-3 including the power or duty to:
2-4 (1) serve criminal and civil process;
2-5 (2) require aid in serving process; and
2-6 (3) arrest offenders without warrant in every case in
2-7 which a peace officer is authorized by law to do so.
2-8 (b) A constable may exercise any power a sheriff may
2-9 perform, except that the constable may take charge of a jail only
2-10 on direction of the commissioners court following a declaration of
2-11 an emergency by the commissioners court.
2-12 (c) A constable may perform any other act authorized by law,
2-13 including the service of citation, notice, precept, warrant, or
2-14 writ that is directed to the constable and delivered by a lawful
2-15 officer.
2-16 (d) <A constable shall execute and return as provided by law
2-17 each process, warrant, and precept that is directed to the
2-18 constable and is delivered by a lawful officer.>
2-19 <(b) A constable may execute any civil or criminal process
2-20 throughout the county in which the constable's precinct is located
2-21 and in other locations as provided by the Code of Criminal
2-22 Procedure or by any other law.>
2-23 <(c) A constable expressly authorized by statute to perform
2-24 an act or service, including the service of civil or criminal
2-25 process, citation, notice, warrant, subpoena, or writ, may perform
2-26 the act or service anywhere in the county in which the constable's
2-27 precinct is located.>
3-1 <(d) Regardless of the Texas Rules of Civil Procedure, all
3-2 civil process may be served by a constable in the constable's
3-3 county or in a county contiguous to the constable's county, except
3-4 that a constable who is a party to or interested in the outcome of
3-5 a suit may not serve any process related to the suit.>
3-6 <(e)> The constable shall attend each justice court held in
3-7 the precinct.
3-8 SECTION 4. Chapter 86, Local Government Code, is amended by
3-9 adding Subchapter D to read as follows:
3-10 SUBCHAPTER D. STATEWIDE RADIO SYSTEM
3-11 Sec. 86.051. REGIONS. The director of the Department of
3-12 Public Safety shall divide the state into six constable
3-13 communications regions and coordinate a statewide radio system for
3-14 constables. The boundaries of the regions must be the same as
3-15 existing Department of Public Safety regions that include state
3-16 disaster district boundaries to the extent that the director
3-17 determines that the same boundaries are practical.
3-18 Sec. 86.052. CODES. (a) A radio unit that belongs to a
3-19 constable must have an assigned four-digit code as follows:
3-20 (1) the first digit indicating the constable
3-21 communications region;
3-22 (2) the second and third digits indicating the county;
3-23 and
3-24 (3) the fourth digit indicating the constable.
3-25 (b) A constable may designate a letter after his assigned
3-26 code number to indicate an individual deputy.
3-27 SECTION 5. Section 112.053(a), Local Government Code, is
4-1 amended to read as follows:
4-2 (a) If a notice of an estray is filed with the county clerk,
4-3 the clerk shall keep an estray account on the debit side of the
4-4 county finance ledger. The estray account must show the date of
4-5 the notice, the name of the person who reported the estray, and a
4-6 brief description of the animal. The clerk shall leave the amount
4-7 of the charge blank until the sheriff or constable files an account
4-8 of the sale of the estray.
4-9 SECTION 6. Section 118.131, Local Government Code, is
4-10 amended by adding Subsection (i) to read as follows:
4-11 (i) A notice under this section setting out fee information
4-12 shall also contain the names and addresses of the sheriff and
4-13 constables of the county.
4-14 SECTION 7. Section 152.012, Local Government Code, is
4-15 amended to read as follows:
4-16 Sec. 152.012. MINIMUM AMOUNT OF SALARY. The commissioners
4-17 court may not set the salary of an officer or employee at an amount
4-18 less than the amount of the salary in effect on January 1, 1972.
4-19 The court may not set the salary of a justice of the peace at an
4-20 amount less than the amount of the salary in effect on May 25,
4-21 1973. The court may not set the salary of a constable at an amount
4-22 less than the amount of the salary in effect on January 1, 1990.
4-23 SECTION 8. Section 152.014(a), Local Government Code, is
4-24 amended to read as follows:
4-25 (a) In each county there is a salary grievance committee
4-26 composed of the county judge and:
4-27 (1) the sheriff, county tax assessor-collector, county
5-1 treasurer, county clerk, district clerk, county attorney or
5-2 criminal district attorney, a county constable, and the number of
5-3 public members necessary to provide 10 <nine> voting members; or
5-4 (2) nine public members, if the commissioners court
5-5 votes on the second Monday in January each year to have nine public
5-6 members.
5-7 SECTION 9. Subchapter B, Chapter 152, Local Government Code,
5-8 is amended by adding Section 152.0145 to read as follows:
5-9 Sec. 152.0145. SELECTION AND TERM OF CONSTABLE MEMBER ON
5-10 GRIEVANCE COMMITTEE. (a) The county judge shall appoint a
5-11 constable of the county to serve on the salary grievance committee.
5-12 The county judge shall make the appointment at a meeting of the
5-13 commissioners court on the second Monday of January each year or as
5-14 soon as possible after that date.
5-15 (b) The constable is appointed to the committee for a term
5-16 expiring on the second Monday of January each year.
5-17 (c) The county judge shall fill a vacancy in the constable
5-18 position by appointing as soon as possible another constable of the
5-19 county. A constable filling a vacancy serves the unexpired part of
5-20 the term.
5-21 SECTION 10. Section 411.007(f), Government Code, is amended
5-22 to read as follows:
5-23 (f) The commission shall establish grades and positions for
5-24 the department. For each grade and position the commission shall
5-25 designate the authority and responsibility within the limits of
5-26 this chapter, set standards of qualifications, and fix
5-27 prerequisites of training, education, and experience. An associate
6-1 member of the department under Section 411.009(a) is considered to
6-2 possess the qualifications, training, education, and experience
6-3 required for the position of criminal investigator, or its
6-4 equivalent, and is entitled to take the examination for that
6-5 position. The commission shall adopt necessary rules for the
6-6 appointment, promotion, reduction, suspension, and discharge of all
6-7 employees after hearing before the commission. A discharged
6-8 officer or employee is entitled, on application to the commission,
6-9 to a public hearing before the commission, who shall affirm or set
6-10 aside the discharge. A person inducted into the service of the
6-11 department is on probation for the first six months of service and
6-12 at any time during that period may be discharged without the public
6-13 hearing provided for by this subsection if the director, with the
6-14 advice and consent of the commission, finds the person to be
6-15 unsuitable for the work.
6-16 SECTION 11. Section 411.023(a), Government Code, is amended
6-17 to read as follows:
6-18 (a) The commission may appoint as special rangers honorably
6-19 retired commissioned officers of the department, honorably retired
6-20 associate members of the department under Section 411.009(a), and
6-21 not more than 300 other persons.
6-22 SECTION 12. Section 415.015(c), Government Code, is amended
6-23 to read as follows:
6-24 (c) This chapter does not affect:
6-25 (1) a constable or other officer or county jailer
6-26 elected under the Texas Constitution before September 1, 1985;
6-27 (2) a former constable who has successfully completed
7-1 a basic peace officer training course approved or conducted by the
7-2 commission;<,> and
7-3 (3) <does not affect> a sheriff.
7-4 SECTION 13. Subtitle B, Title 4, Government Code, is amended
7-5 by adding Chapter 420 to read as follows:
7-6 CHAPTER 420. SPECIAL STATE CONSTABLE
7-7 Sec. 420.001. APPOINTMENT. The governor may appoint one or
7-8 more special state constables. The governor shall commission each
7-9 appointee as a peace officer.
7-10 Sec. 420.002. QUALIFICATIONS. (a) A person may serve as a
7-11 special state constable only if the person:
7-12 (1) meets all of the standards for certification as a
7-13 peace officer by the Commission on Law Enforcement Officer
7-14 Standards and Education; and
7-15 (2) qualifies by:
7-16 (A) taking the oath of office required for peace
7-17 officers;
7-18 (B) obtaining the liability insurance required
7-19 under Section 420.005; and
7-20 (C) executing the bond required by Section
7-21 420.005.
7-22 (b) A person is eligible to be appointed as a special state
7-23 constable only if the person has:
7-24 (1) completed the peace officer training course at a
7-25 school approved or operated by the Commission on Law Enforcement
7-26 Officer Standards and Education;
7-27 (2) served as a constable under Chapter 86, Local
8-1 Government Code, for not less than four years;
8-2 (3) served as a justice of the peace in the state and
8-3 completed 40 hours of training as a justice of the peace; and
8-4 (4) served not less than two years as a peace officer
8-5 listed under Article 2.12, Code of Criminal Procedure, in addition
8-6 to the person's service as a constable under Chapter 86, Local
8-7 Government Code.
8-8 (c) A person may not serve as a special state constable if
8-9 the person has been convicted of a felony or a Class A or B
8-10 misdemeanor.
8-11 Sec. 420.003. AUTHORITY; DUTIES. (a) A special state
8-12 constable has the powers and duties of a constable under Subchapter
8-13 C, Chapter 86, Local Government Code, except that:
8-14 (1) the special state constable's jurisdiction is
8-15 coextensive with the boundaries of the state; and
8-16 (2) the special state constable is not required to
8-17 attend each justice court.
8-18 (b) A special state constable who arrests a person shall
8-19 immediately convey the person to the proper officer of the county
8-20 where the arrest was made.
8-21 (c) A special state constable shall aid law enforcement
8-22 agencies and perform other special duties assigned by the governor.
8-23 (d) A special state constable may execute process in a civil
8-24 or criminal case.
8-25 Sec. 420.004. COMPENSATION; BENEFITS. (a) A special state
8-26 constable is not entitled to compensation or state benefits
8-27 normally provided by the state to a peace officer or a peace
9-1 officer's survivors.
9-2 (b) A special state constable may execute all lawful process
9-3 and may retain the fee received from serving process.
9-4 (c) If called to specific duty by the governor, the governor
9-5 may spend funds from the criminal justice planning fund that are
9-6 necessary to support a special state constable while performing
9-7 that specific duty.
9-8 (d) A special state constable may engage in off-duty
9-9 employment that does not adversely affect the operations or the
9-10 reputation of the state.
9-11 Sec. 420.005. LIABILITY. (a) Neither the state nor any
9-12 political subdivision or agency of the state is liable for any act
9-13 or omission of a special state constable.
9-14 (b) A special state constable shall maintain liability
9-15 insurance, issued by an insurer authorized to do business in this
9-16 state, providing coverage for personal injury or death caused by an
9-17 act or omission of the special state constable with an aggregate
9-18 limit of not less than $300,000 for all claims during the policy
9-19 year.
9-20 (c) A special state constable must enter into a good and
9-21 sufficient bond executed by a surety company authorized to do
9-22 business in this state in the amount of $2,500, payable to the
9-23 governor, conditioned on faithful performance of the person's
9-24 duties and indemnifying all persons against damages resulting from
9-25 an unlawful act of the special state constable.
9-26 Sec. 420.006. FEE. A special state constable must pay a
9-27 $600 fee once every three years to the governor for deposit to the
10-1 credit of the criminal justice planning fund.
10-2 Sec. 420.007. CONTINUING EDUCATION. (a) A special state
10-3 constable must complete the following:
10-4 (1) continuing education or training courses required
10-5 by the Commission on Law Enforcement Officer Standards and
10-6 Education under Section 415.034 every 24 months;
10-7 (2) eight hours of Penal Code update training,
10-8 approved by the Commission on Law Enforcement Officer Standards and
10-9 Education, not less than six months after each regular session of
10-10 the legislature; and
10-11 (3) eight hours of continuing education or training in
10-12 firearms proficiency, approved by the Commission on Law Enforcement
10-13 Officer Standards and Education, every 12 months.
10-14 (b) A special state constable may attend training courses
10-15 for licensed peace officers at an institution of higher education.
10-16 Sec. 420.008. UNIFORM. A special state constable shall wear
10-17 western style clothing while performing the duties of a special
10-18 state constable. A special state constable shall carry a badge
10-19 that has a five-pointed star on a solid background with the words
10-20 "Special State Constable."
10-21 Sec. 420.009. EXPIRATION OF APPOINTMENT; REMOVAL. A special
10-22 state constable serves at the will of the governor, but the
10-23 constable's appointment expires on January 1 of the sixth year
10-24 after the year of appointment unless reappointed by the governor.
10-25 SECTION 14. Section 112.033(a), Natural Resources Code, is
10-26 amended to read as follows:
10-27 (a) Any Texas Ranger or other officer commissioned by the
11-1 Department of Public Safety, any sheriff or deputy sheriff, any
11-2 constable, deputy constable, or special constable, or any municipal
11-3 police officer may enter the business premises of a dealer, broker,
11-4 or peddler under this chapter during normal business hours to
11-5 inspect the premises and the records of the dealer, broker, or
11-6 peddler to determine whether the dealer, broker, or peddler is in
11-7 compliance with this chapter.
11-8 SECTION 15. Article 2.12, Code of Criminal Procedure, is
11-9 amended to read as follows:
11-10 Art. 2.12. WHO ARE PEACE OFFICERS. The following are peace
11-11 officers:
11-12 (1) sheriffs and their deputies;
11-13 (2) constables and deputy constables;
11-14 (3) marshals or police officers of an incorporated
11-15 city, town, or village;
11-16 (4) rangers and officers commissioned by the Public
11-17 Safety Commission and the Director of the Department of Public
11-18 Safety;
11-19 (5) investigators of the district attorneys', criminal
11-20 district attorneys', and county attorneys' offices;
11-21 (6) law enforcement agents of the Texas Alcoholic
11-22 Beverage Commission;
11-23 (7) each member of an arson investigating unit
11-24 commissioned by a city, a county, or the state;
11-25 (8) officers commissioned under Subchapter E, Chapter
11-26 51, Education Code;
11-27 (9) officers commissioned by the <State Purchasing
12-1 and> General Services Commission;
12-2 (10) law enforcement officers commissioned by the
12-3 Parks and Wildlife Commission;
12-4 (11) airport police officers commissioned by a city
12-5 with a population of more than one million, according to the most
12-6 recent federal census, that operates an airport that serves
12-7 commercial air carriers;
12-8 (12) airport security personnel commissioned as peace
12-9 officers by the governing body of any political subdivision of this
12-10 state, other than a city described by Subdivision (11), that
12-11 operates an airport that serves commercial air carriers;
12-12 (13) municipal park and recreational patrolmen and
12-13 security officers;
12-14 (14) security officers commissioned as peace officers
12-15 by the State Treasurer;
12-16 (15) officers commissioned by a water control and
12-17 improvement district under Section 51.132, Water Code;
12-18 (16) officers commissioned by a board of trustees
12-19 under Chapter 341, Acts of the 57th Legislature, Regular Session,
12-20 1961 (Article 1187f, Vernon's Texas Civil Statutes);
12-21 (17) investigators commissioned by the Texas State
12-22 Board of Medical Examiners;
12-23 (18) officers commissioned by the board of managers of
12-24 the Dallas County Hospital District, the Tarrant County Hospital
12-25 District, or the Bexar County Hospital District under Section
12-26 281.057, Health and Safety Code;
12-27 (19) county park rangers commissioned under Subchapter
13-1 E, Chapter 351, Local Government Code;
13-2 (20) investigators employed by the Texas Racing
13-3 Commission;
13-4 (21) officers commissioned by the State Board of
13-5 Pharmacy;
13-6 (22) officers commissioned by the governing body of a
13-7 metropolitan rapid transit authority under Section 13, Chapter 141,
13-8 Acts of the 63rd Legislature, Regular Session, 1973 (Article 1118x,
13-9 Vernon's Texas Civil Statutes), or by a regional transportation
13-10 authority under Section 10, Chapter 683, Acts of the 66th
13-11 Legislature, Regular Session, 1979 (Article 1118y, Vernon's Texas
13-12 Civil Statutes);
13-13 (23) officers commissioned by the Texas High-Speed
13-14 Rail Authority;
13-15 (24) investigators commissioned by the attorney
13-16 general under Section 402.009, Government Code; <and>
13-17 (25) security officers and investigators commissioned
13-18 as peace officers under the State Lottery Act; and
13-19 (26) special state constables commissioned under
13-20 Chapter 420, Government Code.
13-21 SECTION 16. Subchapter A, Chapter 102, Code of Criminal
13-22 Procedure, is amended by adding Article 102.0072 to read as
13-23 follows:
13-24 Art. 102.0072. FEE FOR COLLECTING AND PROCESSING SIGHT
13-25 ORDERS IN COUNTIES WITH POPULATION OF 70,000 OR LESS. (a) This
13-26 article applies only to a county with a population of 70,000 or
13-27 less.
14-1 (b) In addition to any other fees collected under this
14-2 title, a constable may collect a fee if the constable's office
14-3 collects and processes a check or similar sight order if the check
14-4 or similar sight order has been issued or passed in a manner that
14-5 makes the issuance or passing an offense under Section 32.41, Penal
14-6 Code.
14-7 (c) The constable may collect the fee from any person who is
14-8 a party to an offense described by Subsection (b).
14-9 (d) The amount of the fee may not exceed:
14-10 (1) $5 if the face amount of the check or sight order
14-11 does not exceed $10;
14-12 (2) $10 if the face amount of the check or sight order
14-13 is greater than $10 but does not exceed $100;
14-14 (3) $30 if the face amount of the check or sight order
14-15 is greater than $100 but does not exceed $300;
14-16 (4) $50 if the face amount of the check or sight order
14-17 is greater than $300 but does not exceed $500; and
14-18 (5) $75 if the face amount of the check or sight order
14-19 is greater than $500.
14-20 (e) Fees collected under Subsection (d) shall be deposited
14-21 in the county treasury in a special fund to be administered jointly
14-22 by the constables in a county. Expenditures from this fund shall
14-23 be at the sole discretion of the constables and may be used only to
14-24 defray the salaries and expenses of a constable's office, but in no
14-25 event may a constable supplement the constable's salary from this
14-26 fund.
14-27 (f) A constable or the county treasurer may receive gifts or
15-1 grants to be deposited to the credit of the special fund created
15-2 under Subsection (e).
15-3 SECTION 17. Chapter 102, Code of Criminal Procedure, is
15-4 amended by adding Subchapter E to read as follows:
15-5 SUBCHAPTER E. PRECINCT CRIMINAL JUSTICE ACCOUNTS
15-6 Art. 102.091. MISDEMEANOR COSTS. (a) A defendant convicted
15-7 by a justice court of a misdemeanor and punished by a fine of less
15-8 than $200 shall pay as a cost of court $2.
15-9 (b) A defendant convicted by a justice court of a
15-10 misdemeanor and punished by a fine of not less than $200 and not
15-11 more than $500 shall pay as a cost of court $4.
15-12 (c) This article does not apply to a person convicted under
15-13 the Uniform Act Regulating Traffic on Highways (Article 6701d,
15-14 Vernon's Texas Civil Statutes) if the person is convicted of a
15-15 provision of that Act regulating pedestrians and the parking of
15-16 motor vehicles.
15-17 (d) An officer collecting costs under this subchapter shall
15-18 collect the costs in the same manner as other costs are collected
15-19 in the case.
15-20 (e) In this article, a person is considered to have been
15-21 convicted in a case if:
15-22 (1) a sentence is imposed;
15-23 (2) the defendant receives probation or deferred
15-24 adjudication; or
15-25 (3) the court defers final disposition of the case.
15-26 Art. 102.092. Record of Collection. (a) An officer
15-27 collecting costs due under this subchapter in a justice court shall
16-1 keep separate records of the funds collected as costs under this
16-2 subchapter and shall deposit the funds in the county treasury.
16-3 (b) An officer collecting costs due under this subchapter in
16-4 a county court on appeal from a justice court shall keep separate
16-5 records of the funds collected under this subchapter and shall
16-6 deposit the funds in the county treasury.
16-7 Art. 102.093. PRECINCT CRIMINAL JUSTICE ACCOUNTS. (a) In
16-8 each county, a precinct criminal justice account is established for
16-9 each justice of the peace and constable precinct in the county as
16-10 an account in the county treasury.
16-11 (b) The custodian of a county treasury shall deposit equal
16-12 amounts of the money collected under this subchapter to the credit
16-13 of each precinct criminal justice account in the treasury.
16-14 (c) The commissioners court of a county may appropriate
16-15 money in a precinct criminal justice account only for the purpose
16-16 of operating and maintaining the offices of the constable and
16-17 justice of the peace of the precinct.
16-18 (d) For the purposes of Subsection (c) of this article,
16-19 expenses for operating and maintaining an office include:
16-20 (1) the cost of purchasing, leasing, or maintaining
16-21 land, buildings, motor vehicles, radio equipment, or other
16-22 equipment necessary to carry out the duties of the office;
16-23 (2) employees' salaries; and
16-24 (3) other expenses necessary to carry out the duties
16-25 of the office.
16-26 SECTION 18. Chapter 88, General Laws, Acts of the 41st
16-27 Legislature, 2nd Called Session, 1929 (Article 6675a-1 et seq.,
17-1 Vernon's Texas Civil Statutes), is amended by adding Section 5m to
17-2 read as follows:
17-3 Sec. 5m. TEXAS CONSTABLES; SPECIAL LICENSE PLATES. (a) The
17-4 department shall design and provide for the issuance of special
17-5 license plates for passenger cars and light commercial motor
17-6 vehicles that have a manufacturer's rated carrying capacity of one
17-7 ton or less and that are owned by persons who are constables,
17-8 deputy constables, or special constables of this state.
17-9 (b) License plates issued to constables, deputy constables,
17-10 and special constables under this section shall bear the words
17-11 "Texas Constable."
17-12 (c) The department shall issue license plates under this
17-13 section to a person who:
17-14 (1) applies to the county tax collector in the county
17-15 of the person's residence on a form prescribed by the department;
17-16 (2) pays the fee prescribed by Subsection (d) of this
17-17 section; and
17-18 (3) submits with the application proof that the person
17-19 is a constable, deputy constable, or special constable of this
17-20 state.
17-21 (d) The fee for issuance of special license plates under
17-22 this section is $6.
17-23 (e) Registration under this section is valid for one year
17-24 and expires in the same manner as do regular motor vehicle
17-25 registrations, except as provided by Subsection (f) of this
17-26 section.
17-27 (f) Registration under this section expires when the owner
18-1 of the vehicle for which the special plates were issued ceases to
18-2 be a constable, deputy constable, or special constable. The
18-3 constable, deputy constable, or special constable is not required
18-4 to return the special license plates to the department.
18-5 (g) A vehicle for which special license plates are issued
18-6 under this section is exempt from the motor vehicle registration
18-7 fee imposed by Section 5 of this Act and any additional county fee
18-8 imposed under Section 9a of this Act.
18-9 (h) The county tax collector shall retain $2 of each fee
18-10 collected under this section and deposit the amount retained in the
18-11 general fund of the county. The county tax collector shall remit
18-12 the remainder of each fee to the department at the times and in the
18-13 manner provided by Section 10 of this Act.
18-14 (i) The department shall deposit in the state treasury to
18-15 the credit of the state highway fund amounts remitted to the
18-16 department under Subsection (h) of this section.
18-17 (j) A person may be issued only one set of special license
18-18 plates under this section. If the owner of a vehicle for which
18-19 plates are issued under this section disposes of the vehicle during
18-20 a registration year, the person shall return the special plates to
18-21 the department, and at that time may apply for issuance of those
18-22 plates to another vehicle.
18-23 (k) If license plates issued under this section are lost,
18-24 stolen, or mutilated, the owner of the vehicle for which the plates
18-25 were issued may obtain replacement plates from the department by
18-26 paying a replacement fee of $4 in addition to the fee required by
18-27 Section 13a of this Act.
19-1 SECTION 19. Subdivision 1, Section 6, Chapter 42, General
19-2 Laws, Acts of the 41st Legislature, 2nd Called Session, 1929
19-3 (Article 6701d-11, Vernon's Texas Civil Statutes), is amended to
19-4 read as follows:
19-5 Subd. 1. Any License and Weight inspector of the Department
19-6 of Public Safety, any highway patrolman, any sheriff, any
19-7 constable, any <or his> duly authorized deputy of a sheriff or
19-8 constable, or any municipal police officer in cities with
19-9 population of 100,000 or more according to the most recent federal
19-10 census, having reason to believe that the gross weight or axle load
19-11 of a loaded motor vehicle is unlawful, is authorized to weigh the
19-12 same by means of portable or stationary scales furnished or
19-13 approved by the Department of Public Safety, or cause the same to
19-14 be weighed by any public weigher, and to require that such vehicle
19-15 be driven to the nearest available scales for the purpose of
19-16 weighing. In the event the gross weight of such vehicle be found
19-17 to exceed the maximum gross weight authorized by law for that
19-18 vehicle, plus a tolerance allowance of five per cent (5%) of the
19-19 gross weight authorized by law for that vehicle, such license and
19-20 weight inspector, highway patrolman, sheriff, constable, <or his>
19-21 duly authorized deputy of a sheriff or constable, or <any>
19-22 municipal police officer in cities with population of 100,000 or
19-23 more according to the most recent federal census, shall demand and
19-24 require the operator or owner of such motor vehicle to unload such
19-25 portion of the load as may be necessary to decrease the gross
19-26 weight of such vehicle to the maximum authorized by law for that
19-27 vehicle plus such tolerance allowance, except as otherwise
20-1 provided. Such operator or owner shall forthwith unload such
20-2 vehicle to the extent necessary to reduce the gross weight thereof
20-3 to such lawful maximum and such vehicle may not be operated further
20-4 over the public highways or roads of the State of Texas until the
20-5 gross weight of such vehicle has been reduced to a weight not in
20-6 excess of the maximum limit for that vehicle plus such tolerance
20-7 allowance. In the event the axle load of any such vehicle be found
20-8 to exceed the maximum authorized by law for that vehicle, plus a
20-9 tolerance allowance of five per cent (5%) of the axle load
20-10 authorized by law for that vehicle, such officer shall demand and
20-11 require the operator or owner thereof to rearrange his cargo, if
20-12 possible, to bring such vehicle and load within the maximum axle
20-13 load authorized by law for that vehicle, and if this cannot be done
20-14 by rearrangement of said cargo, then such portion of the load as
20-15 may be necessary to decrease the axle load to the maximum
20-16 authorized by law for that vehicle plus such tolerance allowance
20-17 shall be unloaded before such vehicle may be operated further over
20-18 the public highways or roads of the State of Texas. Provided,
20-19 however, that if such load consists of livestock, then such
20-20 operator shall be permitted to proceed to destination without being
20-21 unloaded provided destination be within the State of Texas.
20-22 It is further provided that in the event the gross weight of
20-23 the vehicle exceeds the registered gross weight, the License and
20-24 Weight Inspector, State Highway Patrolman, Sheriff, Constable, <or
20-25 his> duly authorized Deputy of a Sheriff or Constable, or <any>
20-26 municipal police officer in cities with population of 100,000 or
20-27 more according to the most recent federal census, shall require the
21-1 operator or owner thereof to apply to the nearest available County
21-2 Tax Assessor-Collector for additional registration in an amount
21-3 that will cause his gross registration to be equal to the gross
21-4 weight of the vehicle, provided such total registration shall not
21-5 exceed gross weight allowed for such vehicle, before such operator
21-6 or owner may proceed. Provided, however, that if such load
21-7 consists of livestock or perishable merchandise then such operator
21-8 or owner shall be permitted to proceed with his vehicle to the
21-9 nearest practical point in the direction of his destination where
21-10 his load may be protected from damage or destruction in the event
21-11 he is required to secure additional registration before being
21-12 allowed to proceed. It shall be conclusively presumed and deemed
21-13 prima facie evidence that where an operator or owner is apprehended
21-14 and found to be carrying a greater gross load than that for which
21-15 he is licensed, permitted, or registered, he has been carrying
21-16 similar loads from the date of purchase of his current license
21-17 plates and will therefore be required to pay for the additional
21-18 registration from the date of purchase of such license. Provided
21-19 further that when an operator or owner is required to purchase
21-20 additional registration in a county other than the county in which
21-21 the owner resides, the Tax Assessor-Collector of such county shall
21-22 remit the fees collected for such additional registration to the
21-23 Texas Department of Transportation <State Highway Department> to be
21-24 deposited in the State Highway Fund. It shall be the duty of the
21-25 Texas Department of Transportation <State Highway Department>, and
21-26 the necessary funds are hereby appropriated, to remit the counties'
21-27 portion of such fees collected to the county of the residence of
22-1 the owner; and it is provided further that the provisions of this
22-2 Section will in no way conflict with Article 6675a, Section 2, of
22-3 the Revised Statutes.
22-4 It is further provided that all forms and accounting
22-5 procedure necessary to carry out the provisions of this Section
22-6 shall be prescribed by the Texas Department of Transportation
22-7 <State Highway Department>.
22-8 SECTION 20. (a) Article 102.0072, Code of Criminal
22-9 Procedure, as added by Section 16 of this Act, applies only to a
22-10 check or similar sight order issued or passed on or after the
22-11 effective date of this Act.
22-12 (b) The imposition of a cost under Subchapter E, Chapter
22-13 102, Code of Criminal Procedure, as added by Section 17 of this
22-14 Act, applies only to a conviction for an offense committed on or
22-15 after the effective date of this Act. For purposes of this
22-16 subsection, an offense is committed before the effective date of
22-17 this Act if any element of the offense occurs before the effective
22-18 date.
22-19 SECTION 21. This Act takes effect September 1, 1993.
22-20 SECTION 22. The importance of this legislation and the
22-21 crowded condition of the calendars in both houses create an
22-22 emergency and an imperative public necessity that the
22-23 constitutional rule requiring bills to be read on three several
22-24 days in each house be suspended, and this rule is hereby suspended.