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.