By Hartnett, Allen, Talton                             H.B. No. 263
       74R370 JD-D
                                 A BILL TO BE ENTITLED
    1-1                                AN ACT
    1-2  relating to the authority of the police department in certain
    1-3  municipalities to establish a checkpoint on a street or highway to
    1-4  determine whether persons are driving while intoxicated.
    1-5        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
    1-6        SECTION 1.  Title 116, Revised Statutes, is amended by adding
    1-7  Article 6701l-8 to read as follows:
    1-8        Art. 6701l-8.  SOBRIETY CHECKPOINTS
    1-9        Sec. 1.  AUTHORIZATION FOR SOBRIETY CHECKPOINTS.  In a
   1-10  municipality with a population of 250,000 or more, the police
   1-11  department of the municipality may establish a temporary checkpoint
   1-12  on a street or highway in the municipality to determine whether
   1-13  persons driving or operating motor vehicles on the street or
   1-14  highway are intoxicated and in violation of Section 49.04, Penal
   1-15  Code, if the governing body of the municipality has by ordinance
   1-16  authorized the department to establish sobriety checkpoints in the
   1-17  municipality.
   1-18        Sec. 2.  APPROVAL OF AND PROCEDURES FOR SOBRIETY CHECKPOINTS.
   1-19  (a)  A peace officer of at least the rank of lieutenant in the
   1-20  police department must approve the operation of a checkpoint by
   1-21  peace officers of the department  and the procedures to be used in
   1-22  the operation of the checkpoint before the checkpoint begins
   1-23  operation.
   1-24        (b)  The police department must record in writing the
    2-1  procedures used in selecting the site for the checkpoint and the
    2-2  procedures to be used in the operation of the checkpoint.
    2-3        (c)  Procedures governing the operation of a checkpoint must
    2-4  ensure that motor vehicles are stopped on a reasonably predictable,
    2-5  nonarbitrary basis, such as by requiring that every vehicle or
    2-6  every other vehicle entering the checkpoint, from one or both
    2-7  directions, be stopped.
    2-8        (d)  The police department shall establish the location,
    2-9  time, and layout of a checkpoint with regard for the safety of the
   2-10  public entering the checkpoint and the peace officers operating the
   2-11  checkpoint.  The  police department shall make reasonable efforts
   2-12  to place signs or other devices to advise oncoming drivers of the
   2-13  checkpoint and the purpose of the checkpoint, to demarcate the
   2-14  checkpoint with flares, flags, or traffic cones, and to otherwise
   2-15  illuminate the checkpoint if necessary.
   2-16        (e)  The peace officer who makes the initial contact with the
   2-17  driver of a vehicle at the checkpoint must be in uniform.
   2-18        (f)  The police department shall establish procedures
   2-19  governing the encounters between drivers and the peace officers to
   2-20  ensure that any intrusion on the drivers is minimized and that
   2-21  inquiries made are reasonably related to determining whether the
   2-22  drivers are intoxicated and in violation of Section 49.04, Penal
   2-23  Code.  This subsection does not prohibit a peace officer from
   2-24  requesting a driver to display the person's driver's license or to
   2-25  furnish evidence of financial responsibility as required by law.  A
   2-26  peace officer may not direct a driver or a passenger in a motor
   2-27  vehicle to leave the vehicle or move the vehicle off the street or
    3-1  highway unless the officer has reasonable suspicion or probable
    3-2  cause to believe that the person has committed or is committing an
    3-3  offense.  However, a peace officer may require that each motor
    3-4  vehicle passing through the checkpoint be diverted to a location
    3-5  immediately adjacent to the street or highway, if desirable, to
    3-6  ensure safety.  A peace officer may not require a driver to perform
    3-7  a sobriety test unless the officer has reasonable suspicion or
    3-8  probable cause to believe that the driver is violating Section
    3-9  49.04, Penal Code.  A peace officer who requires or requests a
   3-10  driver to provide a specimen of breath, blood, or urine must comply
   3-11  with Chapter 434, Acts of the 61st Legislature, Regular Session,
   3-12  1969 (Article 6701l-5, Vernon's Texas Civil Statutes).  Unless a
   3-13  peace officer has reasonable suspicion or probable cause to detain
   3-14  a driver or a passenger for a criminal offense, the time during
   3-15  which an officer makes an inquiry of a driver or passenger should
   3-16  not exceed two minutes, and the total time during which the driver
   3-17  must wait to pass through the checkpoint should not exceed 10
   3-18  minutes.  The police department shall make reasonable efforts to
   3-19  reduce these time periods to not more than one and five minutes,
   3-20  respectively.
   3-21        (g)  The police department shall make reasonable efforts to
   3-22  publicize that it will conduct a checkpoint, but the  police
   3-23  department is not required to disclose the precise date, time,
   3-24  purpose, or location of the checkpoint.
   3-25        (h)  In the absence of exigent circumstances, a police
   3-26  department may not operate a checkpoint at one location for more
   3-27  than four hours.  In the absence of exigent circumstances, a
    4-1  checkpoint may not be operated at a location more than twice in a
    4-2  seven-day period.  For the purposes of this subsection, checkpoints
    4-3  located within one-half mile of each other are considered to be at
    4-4  the same location.
    4-5        (i)  A police department shall keep a record of the operation
    4-6  of a checkpoint that contains:
    4-7              (1)  the date, time, location, and duration of the
    4-8  checkpoint;
    4-9              (2)  the number of motor vehicles stopped at the
   4-10  checkpoint and the number and nature of arrests made and citations
   4-11  issued at the checkpoint; and
   4-12              (3)  the identities of the peace officers operating the
   4-13  checkpoint.
   4-14        Sec. 3.  DEFINITION.  In this article,  "street or highway"
   4-15  has the meaning assigned by Section 13(a), Uniform Act Regulating
   4-16  Traffic on Highways (Article 6701d, Vernon's Texas Civil Statutes).
   4-17        SECTION 2.  This Act takes effect September 1, 1995, and
   4-18  applies only to the procedures used in the operation of public
   4-19  highway checkpoints operated on or after that date.  This Act does
   4-20  not invalidate public highway checkpoints operated before the
   4-21  effective date of this Act.
   4-22        SECTION 3.  The importance of this legislation and the
   4-23  crowded condition of the calendars in both houses create an
   4-24  emergency and an imperative public necessity that the
   4-25  constitutional rule requiring bills to be read on three several
   4-26  days in each house be suspended, and this rule is hereby suspended.