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 3-6 -------------------------------------------------------------------