SRC-CDH S.B. 1428 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1428
By: Nelson
State Affairs
4-10-97
As Filed


DIGEST 

Currently, Chapter 621 of the Texas Transportation Code sets forth the
allowed weight, height, and size of vehicles on public highways and
defines a weight enforcement officer as a license and weight inspector of
the Department of Public Safety, a highway patrol officer, a sheriff or
sheriff's deputy, or a municipal police officer in a municipality with a
population of 100,00 or more.  Overweight trucks cause millions of dollars
in damage to Texas roads annually, making improved weight enforcement
measures a priority.  S.B. 1428 would give all municipal police officers
and a constable in a municipality with a population of less than 400,000
the authority to enforce weight regulations. In addition, this legislation
would remove the exclusive authority of weight enforcement officers to
enforce weight restrictions in the territory of a municipality with a
population of more than 100,000. 

PURPOSE

As proposed, S.B. 1428 provides for the enforcement of vehicle weight laws
in certain municipalities. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 621.401, Transportation Code, to redefine
"weight enforcement officer" to mean a municipal police officer, rather
than a municipal police officer in a municipality with a population of
100,000 or more; or a constable in a municipality with a population of
less than 400,000. 

SECTION 2. Amends Section 621.408, Transportation Code, to provide that
weight enforcement officers have exclusive authority to enforce this
subchapter in any area of this state, with certain exceptions.  Deletes
the provision granting weight enforcement officers exclusive authority to
enforce this subchapter in any area of this state other than in the
territory of a municipality with a population of more than 100,000. 

SECTION 3. Emergency clause.
  Effective date:  upon passage.