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.