By: Carriker S.B. No. 1274 73R4906 MLR-D A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to the authority of the Parks and Wildlife Department to 1-3 establish a checkpoint on a public highway to determine whether a 1-4 person possesses a wildlife resource in violation of the Parks and 1-5 Wildlife Code. 1-6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-7 SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife 1-8 Code, is amended by adding Sections 12.1035 and 12.1036 to read as 1-9 follows: 1-10 Sec. 12.1035. AUTHORIZATION FOR CHECKPOINTS; OBLIGATION TO 1-11 STOP. (a) The department may establish a temporary checkpoint on 1-12 a public highway to determine whether a person possesses a wildlife 1-13 resource in violation of this code. A checkpoint is designed to 1-14 aid a game warden or other peace officer, as defined under Article 1-15 2.12, Code of Criminal Procedure, in managing the wildlife 1-16 resources in this state. A person operating a motor vehicle on a 1-17 public highway is considered to have consented to inspection at a 1-18 checkpoint in return for the privilege of operating the motor 1-19 vehicle on a public highway. 1-20 (b) A person who encounters a checkpoint shall stop and 1-21 produce all licenses and all wildlife resources in that person's 1-22 possession if the person is directed to stop by a game warden or 1-23 other peace officer. 1-24 (c) In this section, "public highway" has the meaning 2-1 assigned the term "highway" by the Uniform Act Regulating Traffic 2-2 on Highways (Article 6701d, Vernon's Texas Civil Statutes). 2-3 Sec. 12.1036. APPROVAL OF AND PROCEDURES FOR CHECKPOINTS. 2-4 (a) A department supervisor must approve the operation of a 2-5 checkpoint and the procedures to be used in the operation of the 2-6 checkpoint before the checkpoint begins operation. 2-7 (b) The approving supervisor must record in writing the 2-8 procedures used in selecting the site for the checkpoint and the 2-9 procedures to be used in the operation of the checkpoint. 2-10 (c) The procedures governing the operation of a checkpoint 2-11 must provide for motor vehicles to be stopped according to a 2-12 reasonably predictable and objectively applied system, such as 2-13 requiring every vehicle or every other vehicle entering the 2-14 checkpoint, from one or both directions, to be stopped. 2-15 (d) The approving supervisor shall establish the location, 2-16 time, and layout of the checkpoint with due regard for the safety 2-17 of the public entering the checkpoint and the game wardens or other 2-18 peace officers operating the checkpoint. The game wardens or other 2-19 peace officers operating the checkpoint shall make reasonable 2-20 efforts to place signs or other devices that advise oncoming 2-21 drivers of the purpose of the checkpoint, to demarcate access to 2-22 the checkpoint with flares, flags, or traffic cones, and to 2-23 illuminate the checkpoint as necessary. 2-24 (e) Each game warden or other peace officer operating a 2-25 checkpoint shall wear a uniform. 2-26 (f) The approving supervisor shall establish procedures 2-27 governing the encounter between the driver of a motor vehicle 3-1 stopped and the game warden or other peace officer operating the 3-2 checkpoint that ensure that any intrusion on the driver is 3-3 minimized and that the inquiries made are reasonably related to the 3-4 purpose of the checkpoint. A game warden or other peace officer at 3-5 a checkpoint may not direct a driver or a passenger in a motor 3-6 vehicle to leave the vehicle or move the vehicle off the roadway 3-7 unless the game warden or other peace officer has reasonable 3-8 suspicion or probable cause to believe that the person has 3-9 committed or is committing an offense. A game warden or other 3-10 peace officer may, however, require that each motor vehicle passing 3-11 through a checkpoint be diverted to a location immediately adjacent 3-12 to the roadway, as desirable, to ensure safety. Unless a game 3-13 warden or other peace officer has reasonable suspicion or probable 3-14 cause to detain a driver or a passenger for an offense, the time 3-15 during which a game warden or other peace officer operating the 3-16 checkpoint makes an inquiry of a driver or passenger should not 3-17 exceed two minutes, and the total time during which the driver must 3-18 wait to pass through the checkpoint should not exceed 10 minutes. 3-19 The department supervisor and the game wardens or other peace 3-20 officers at the checkpoint shall make reasonable efforts to reduce 3-21 these periods to not more than one and five minutes, respectively. 3-22 (g) The department shall make reasonable efforts to 3-23 publicize that it will operate a checkpoint but is not required to 3-24 disclose the precise date, time, location, purpose, and duration of 3-25 a particular checkpoint. 3-26 (h) The department may not operate a checkpoint at one 3-27 location for more than four consecutive hours. A checkpoint may 4-1 not be operated at the same location more than twice in a seven-day 4-2 period. For the purposes of this subsection, checkpoints located 4-3 within one-half mile of each other are considered to be at the same 4-4 location. 4-5 (i) The department shall keep a record of the operation of a 4-6 checkpoint. The record must contain: 4-7 (1) the date, time, location, purpose, and duration of 4-8 the checkpoint; 4-9 (2) the number of motor vehicles stopped at the 4-10 checkpoint and the number and nature of arrests made or citations 4-11 issued at the checkpoint; and 4-12 (3) the identity of each game warden or other peace 4-13 officer operating the checkpoint. 4-14 (j) In this section, "public highway" has the meaning 4-15 assigned by Section 12.1035(c) of this code. 4-16 SECTION 2. This Act takes effect September 1, 1993, and 4-17 applies only to the procedures used in the operation of public 4-18 highway checkpoints operated on or after that date. This Act does 4-19 not invalidate public highway checkpoints operated before the 4-20 effective date of this Act. 4-21 SECTION 3. The importance of this legislation and the 4-22 crowded condition of the calendars in both houses create an 4-23 emergency and an imperative public necessity that the 4-24 constitutional rule requiring bills to be read on three several 4-25 days in each house be suspended, and this rule is hereby suspended.