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.