By: Carriker S.B. No. 1274 A BILL TO BE ENTITLED AN ACT 1-1 relating to the authority of the Parks and Wildlife Department to 1-2 establish a checkpoint on a public highway to determine whether a 1-3 person possesses a wildlife resource in violation of the Parks and 1-4 Wildlife Code. 1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-6 SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife 1-7 Code, is amended by adding Sections 12.1035 and 12.1036 to read as 1-8 follows: 1-9 Sec. 12.1035. AUTHORIZATION FOR CHECKPOINTS; OBLIGATION TO 1-10 STOP. (a) The department may establish a temporary checkpoint on 1-11 a public highway to determine whether a person possesses a wildlife 1-12 resource in violation of this code. A checkpoint is designed to 1-13 aid a game warden, who may be assisted by another peace officer as 1-14 defined under Article 2.12, Code of Criminal Procedure, in managing 1-15 the wildlife resources in this state. 1-16 (b) A person who encounters a checkpoint shall stop and 1-17 produce all licenses and all wildlife resources in that person's 1-18 possession if the person is directed to stop by a game warden or 1-19 other peace officer. 1-20 (c) In this section, "public highway" has the meaning 1-21 assigned the term "highway" by the Uniform Act Regulating Traffic 1-22 on Highways (Article 6701d, Vernon's Texas Civil Statutes). 1-23 Sec. 12.1036. APPROVAL OF AND PROCEDURES FOR CHECKPOINTS. 1-24 (a) A department supervisor must approve the operation of a 2-1 checkpoint and the procedures to be used in the operation of the 2-2 checkpoint before the checkpoint begins operation. 2-3 (b) The approving supervisor must record in writing the 2-4 procedures used in selecting the site for the checkpoint and the 2-5 procedures to be used in the operation of the checkpoint. 2-6 (c) The procedures governing the operation of a checkpoint 2-7 must provide for motor vehicles to be stopped according to a 2-8 reasonably predictable and objectively applied system, such as 2-9 requiring every vehicle or every other vehicle entering the 2-10 checkpoint, from one or both directions, to be stopped. 2-11 (d) The approving supervisor shall establish the location, 2-12 time, and layout of the checkpoint with due regard for the safety 2-13 of the public entering the checkpoint and the game wardens or other 2-14 peace officers operating the checkpoint. The game wardens or other 2-15 peace officers operating the checkpoint shall make reasonable 2-16 efforts to place signs or other devices that advise oncoming 2-17 drivers of the purpose of the checkpoint, to demarcate access to 2-18 the checkpoint with flares, flags, or traffic cones, and to 2-19 illuminate the checkpoint as necessary. 2-20 (e) Each game warden or other peace officer operating a 2-21 checkpoint shall wear a uniform. 2-22 (f) The approving supervisor shall establish procedures 2-23 governing the encounter between the driver of a motor vehicle 2-24 stopped and the game warden or other peace officer operating the 2-25 checkpoint that ensure that any intrusion on the driver is 2-26 minimized and that the inquiries made are reasonably related to the 2-27 purpose of the checkpoint. A game warden or other peace officer 3-1 may require that each motor vehicle passing through a checkpoint be 3-2 diverted to a location immediately adjacent to the roadway, as 3-3 desirable, to ensure safety. Unless a game warden or other peace 3-4 officer has reasonable suspicion or probable cause to detain a 3-5 driver or a passenger for an offense, the time during which a game 3-6 warden or other peace officer operating the checkpoint makes an 3-7 inquiry of a driver or passenger should not exceed two minutes, and 3-8 the total time during which the driver must wait to pass through 3-9 the checkpoint should not exceed 10 minutes. The department 3-10 supervisor and the game wardens or other peace officers at the 3-11 checkpoint shall make reasonable efforts to reduce these periods to 3-12 not more than one and five minutes, respectively. 3-13 (g) The department shall make reasonable efforts to 3-14 publicize that it will operate a checkpoint but is not required to 3-15 disclose the precise date, time, location, purpose, and duration of 3-16 a particular checkpoint. 3-17 (h) A checkpoint may not be operated at the same location 3-18 more than twice in a seven-day period. For the purposes of this 3-19 subsection, checkpoints located within one-half mile of each other 3-20 are considered to be at the same location. 3-21 (i) The department shall keep a record of the operation of a 3-22 checkpoint. The record must contain: 3-23 (1) the date, time, location, purpose, and duration of 3-24 the checkpoint; 3-25 (2) the number of motor vehicles stopped at the 3-26 checkpoint and the number and nature of arrests made or citations 3-27 issued at the checkpoint; and 4-1 (3) the identity of each game warden or other peace 4-2 officer operating the checkpoint. 4-3 (j) In this section, "public highway" has the meaning 4-4 assigned by Section 12.1035(c) of this code. 4-5 SECTION 2. This Act takes effect September 1, 1993, and 4-6 applies only to the procedures used in the operation of public 4-7 highway checkpoints operated on or after that date. This Act does 4-8 not invalidate public highway checkpoints operated before the 4-9 effective date of this Act. 4-10 SECTION 3. The importance of this legislation and the 4-11 crowded condition of the calendars in both houses create an 4-12 emergency and an imperative public necessity that the 4-13 constitutional rule requiring bills to be read on three several 4-14 days in each house be suspended, and this rule is hereby suspended.