1-1 By: Carriker S.B. No. 1274
1-2 (In the Senate - Filed March 16, 1993; March 17, 1993, read
1-3 first time and referred to Committee on Criminal Justice;
1-4 April 14, 1993, reported adversely, with favorable Committee
1-5 Substitute by the following vote: Yeas 5, Nays 0; April 14, 1993,
1-6 sent to printer.)
1-7 COMMITTEE VOTE
1-8 Yea Nay PNV Absent
1-9 Whitmire x
1-10 Brown x
1-11 Nelson x
1-12 Sibley x
1-13 Sims x
1-14 Turner x
1-15 West x
1-16 COMMITTEE SUBSTITUTE FOR S.B. No. 1274 By: Turner
1-17 A BILL TO BE ENTITLED
1-18 AN ACT
1-19 relating to the authority of the Parks and Wildlife Department to
1-20 establish a checkpoint on a public highway to determine whether a
1-21 person possesses a wildlife resource in violation of the Parks and
1-22 Wildlife Code.
1-23 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-24 SECTION 1. Subchapter B, Chapter 12, Parks and Wildlife
1-25 Code, is amended by adding Sections 12.1035 and 12.1036 to read as
1-26 follows:
1-27 Sec. 12.1035. AUTHORIZATION FOR CHECKPOINTS; OBLIGATION TO
1-28 STOP. (a) The department may establish a temporary checkpoint on
1-29 a public highway to determine whether a person possesses a wildlife
1-30 resource in violation of this code. A checkpoint is designed to
1-31 aid a game warden, who may be assisted by another peace officer as
1-32 defined under Article 2.12, Code of Criminal Procedure, in managing
1-33 the wildlife resources in this state.
1-34 (b) A person who encounters a checkpoint shall stop and
1-35 produce all licenses and all wildlife resources in that person's
1-36 possession if the person is directed to stop by a game warden or
1-37 other peace officer.
1-38 (c) In this section, "public highway" has the meaning
1-39 assigned the term "highway" by the Uniform Act Regulating Traffic
1-40 on Highways (Article 6701d, Vernon's Texas Civil Statutes).
1-41 Sec. 12.1036. APPROVAL OF AND PROCEDURES FOR CHECKPOINTS.
1-42 (a) A department supervisor must approve the operation of a
1-43 checkpoint and the procedures to be used in the operation of the
1-44 checkpoint before the checkpoint begins operation.
1-45 (b) The approving supervisor must record in writing the
1-46 procedures used in selecting the site for the checkpoint and the
1-47 procedures to be used in the operation of the checkpoint.
1-48 (c) The procedures governing the operation of a checkpoint
1-49 must provide for motor vehicles to be stopped according to a
1-50 reasonably predictable and objectively applied system, such as
1-51 requiring every vehicle or every other vehicle entering the
1-52 checkpoint, from one or both directions, to be stopped.
1-53 (d) The approving supervisor shall establish the location,
1-54 time, and layout of the checkpoint with due regard for the safety
1-55 of the public entering the checkpoint and the game wardens or other
1-56 peace officers operating the checkpoint. The game wardens or other
1-57 peace officers operating the checkpoint shall make reasonable
1-58 efforts to place signs or other devices that advise oncoming
1-59 drivers of the purpose of the checkpoint, to demarcate access to
1-60 the checkpoint with flares, flags, or traffic cones, and to
1-61 illuminate the checkpoint as necessary.
1-62 (e) Each game warden or other peace officer operating a
1-63 checkpoint shall wear a uniform.
1-64 (f) The approving supervisor shall establish procedures
1-65 governing the encounter between the driver of a motor vehicle
1-66 stopped and the game warden or other peace officer operating the
1-67 checkpoint that ensure that any intrusion on the driver is
1-68 minimized and that the inquiries made are reasonably related to the
2-1 purpose of the checkpoint. A game warden or other peace officer
2-2 may require that each motor vehicle passing through a checkpoint be
2-3 diverted to a location immediately adjacent to the roadway, as
2-4 desirable, to ensure safety. Unless a game warden or other peace
2-5 officer has reasonable suspicion or probable cause to detain a
2-6 driver or a passenger for an offense, the time during which a game
2-7 warden or other peace officer operating the checkpoint makes an
2-8 inquiry of a driver or passenger should not exceed two minutes, and
2-9 the total time during which the driver must wait to pass through
2-10 the checkpoint should not exceed 10 minutes. The department
2-11 supervisor and the game wardens or other peace officers at the
2-12 checkpoint shall make reasonable efforts to reduce these periods to
2-13 not more than one and five minutes, respectively.
2-14 (g) The department shall make reasonable efforts to
2-15 publicize that it will operate a checkpoint but is not required to
2-16 disclose the precise date, time, location, purpose, and duration of
2-17 a particular checkpoint.
2-18 (h) A checkpoint may not be operated at the same location
2-19 more than twice in a seven-day period. For the purposes of this
2-20 subsection, checkpoints located within one-half mile of each other
2-21 are considered to be at the same location.
2-22 (i) The department shall keep a record of the operation of a
2-23 checkpoint. The record must contain:
2-24 (1) the date, time, location, purpose, and duration of
2-25 the checkpoint;
2-26 (2) the number of motor vehicles stopped at the
2-27 checkpoint and the number and nature of arrests made or citations
2-28 issued at the checkpoint; and
2-29 (3) the identity of each game warden or other peace
2-30 officer operating the checkpoint.
2-31 (j) In this section, "public highway" has the meaning
2-32 assigned by Section 12.1035(c) of this code.
2-33 SECTION 2. This Act takes effect September 1, 1993, and
2-34 applies only to the procedures used in the operation of public
2-35 highway checkpoints operated on or after that date. This Act does
2-36 not invalidate public highway checkpoints operated before the
2-37 effective date of this Act.
2-38 SECTION 3. The importance of this legislation and the
2-39 crowded condition of the calendars in both houses create an
2-40 emergency and an imperative public necessity that the
2-41 constitutional rule requiring bills to be read on three several
2-42 days in each house be suspended, and this rule is hereby suspended.
2-43 * * * * *
2-44 Austin,
2-45 Texas
2-46 April 14, 1993
2-47 Hon. Bob Bullock
2-48 President of the Senate
2-49 Sir:
2-50 We, your Committee on Criminal Justice to which was referred S.B.
2-51 No. 1274, have had the same under consideration, and I am
2-52 instructed to report it back to the Senate with the recommendation
2-53 that it do not pass, but that the Committee Substitute adopted in
2-54 lieu thereof do pass and be printed.
2-55 Whitmire,
2-56 Chairman
2-57 * * * * *
2-58 WITNESSES
2-59 FOR AGAINST ON
2-60 ___________________________________________________________________
2-61 Name: Forrest Shoop x
2-62 Representing: Tx Game Warden
2-63 City: Waco
2-64 -------------------------------------------------------------------
2-65 Name: Alan Allen x
2-66 Representing: Sportsmen Conservationists Tx
2-67 City: Austin
2-68 -------------------------------------------------------------------
2-69 Name: Harold Oates x
2-70 Representing: Tx Parks & Wildlife Dept
3-1 City: Austin
3-2 -------------------------------------------------------------------
3-3 Name: John Boston x
3-4 Representing: Tx Crim Def Lawyers Assoc
3-5 City: Austin
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