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.