BILL ANALYSIS



C.S.H.B. 523
By: De La Garza
03-27-95
Committee Report (Substituted)


BACKGROUND

Over the past few years, the number of cars stolen from border
communities and taken into Mexico has grown at an alarming rate.
The Department of Public Safety reports that in the last six months
of 1994, 4,726 vehicles were stolen from the four most populous
counties along the checkpoints near international crossings. As a
result of the high theft rates, insurance premiums have risen.
Furthermore, car rental offices in the Rio Grande Valley even
threatened to advise customers not to stay over night in
Brownsville for fear that the rental cars would be stolen.
Legislation was passed during the 73rd Legislature to allow the
Department of Public Safety to work in cooperation with local law
enforcement agencies. However, the bill was amended on the House
Floor and consequently set up the checkpoints 250 feet from the
border. That severely hindered efforts to curtail stolen vehicles
from being driven across the border.

PURPOSE

To allow stolen vehicles checkpoints at international crossings to
be located within 250 yards instead of the current 250 feet.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly
grant any additional rulemaking authority to a state officer,
department, agency or institution.

SECTION BY SECTION ANALYSIS

SECTION 1:  Amends Section 411.0095, Subsection (b) (1), Government
code by establishing  checkpoints within 250 yards north of a
federally designated crossing.

SECTION 2: Section 411.0095, Government Code, is renumbered Section
           411.0096.

SECTION 3:  Amends Section (a) of Article 47.01a, Code of Criminal
Procedure by inserting the words, "as a magistrate" after the word,
"jurisdiction" throughout the subsection. It also adds the phrase,
"Jurisdiction under this section is based solely on jurisdiction as
a criminal magistrate under this code and not jurisdiction as a
civil court."  The intent of this section is to allow only criminal
district judges, county court judges, statutory county court
judges, or justices of the peace to decide rightful ownership of
allegedly stolen property.
 
SECTION 4: Emergency Clause

COMPARISON OF ORIGINAL TO SUBSTITUTE

Section 6 of the original is removed in the substitute in order to
remove any fiscal implications.  Language in Section 4 of the
original (an effective date) is removed from the substitute and
replaced with an "Emergency Clause."  Section 5 of the original is
renumbered as section 4 in the substitute.

SUMMARY OF COMMITTEE ACTION

H.B. 523 was considered by the Committee on Public Safety in a
public hearing on February 28, 1995.  The bill was left as pending
business.  
H.B. 523 was considered by the Committee on Public Safety in a
public hearing on March 14, 1995.  The committee considered a
complete substitute for the bill.  The substitute was adopted
without objection.

The bill was reported favorably as substituted, with the
recomendation that it do pass and be printed, by a record vote of
7 ayes, 0 nays, 0 pnv, 2 absent.