BILL ANALYSIS


                                                         H.B. 523
                                          By: De La Garza (Lucio)
                                   Int'l Relations, Trade & Tech.
                                                         05-04-95
                              Senate Committee Report (Unamended)
BACKGROUND

The Department of Public Safety reports that in the last six months
of 1994, 4726 vehicles were stolen from the four most populous
counties near international crossings.  As a result of the
increasing theft rates, insurance premiums have risen.  Car rental
offices have advised customers not to stay overnight in Brownsville
for fear of theft of the rental car.

PURPOSE

As proposed, H.B. 523 authorizes checkpoints along the Texas-Mexico
border to be within 250 yards, rather than 250 feet, of the border
in order to detect stolen vehicles.

RULEMAKING AUTHORITY

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

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 411.0095(b), Government Code, to
authorize a checkpoint to be established for the prevention of
stolen vehicles or equipment from entering Mexico if the checkpoint
is located within 250 yards of the actual boundary between this
state and Mexico and operated in such a manner as to stop only
vehicles, tractors or implements, or equipment for which law
enforcement authorities have probable cause to believe is stolen
and bound for Mexico, as evidenced by broken windows or other
visible signs of forced entry.

SECTION 2. Amends Section 411.0095, Government Code, and renumbers
it as Section 411.0096.

SECTION 3. Amends Article 47.01(a), Code of Criminal Procedure, to
authorize a district judge, county court judge, statutory county
court judge, or justice of the peace having jurisdiction as a
magistrate in the county in which the property is held or a
municipal judge having jurisdiction as a magistrate in the
municipality in which the property is being held to hold a hearing
to determine the right to possession of the property, upon the
petition of an interested person, a county, a city, or the state. 
Provides that jurisdiction under this section is based solely on
jurisdiction as a criminal magistrate under this code and not
jurisdiction as a civil court.

SECTION 4. Emergency clause.
           Effective date: upon passage.