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.