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
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   2-65  Name:  Alan Allen                                x
   2-66  Representing:  Sportsmen Conservationists Tx
   2-67  City:  Austin
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   2-69  Name:  Harold Oates                                            x
   2-70  Representing:  Tx Parks & Wildlife Dept
    3-1  City:  Austin
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    3-3  Name:  John Boston                                             x
    3-4  Representing:  Tx Crim Def Lawyers Assoc
    3-5  City:  Austin
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