TWT S.B. 1828 75(R)BILL ANALYSIS TRANSPORTATION S.B. 1828 By: Shapleigh (Pickett) 5-1-97 Committee Report (Unamended) BACKGROUND The Texas Department of Public Safety (DPS) and police officers who have been certified to provide safety enforcement under Section 6, Article 6675d, Transportation Code, use ports-of-entry under the jurisdiction of the United States Customs Service to weigh and inspect trucks. However, Texas statutes do not specifically grant DPS and other certified police officers access to these areas although currently the Texas Alcoholic Beverage Commission (TABC) has this authority granted to it under Section 621.409, Transportation Code. PURPOSE As proposed, S.B. 1828 would give DPS and police officers certified under Section 6, Article 6675d the statutory authority to use the ports-of-entry for weighing and inspecting trucks. Additionally, it would give these officers the authority to prohibit trucks from entering into the United States if the vehicles or drivers fail to meet the minimum safety standards. Further, the bill would strengthen laws prohibiting overloading of commercial motor vehicles by expanding "aiding and abetting" provisions to allow citation of those causing vehicles to be overloaded. 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 6, Article 6675d, Revised Statutes, to limit the safety certification from the term "peace" officer to "police" officer. SECTION 2. Amends Section 8, Article 6675d, Revised Statutes, by as follows: Amends Subsection (a) granting authority to DPS officers to inspect motor vehicles for safety defects at a port-of-entry. Amends Subsection (b) giving DPS safety certified police officers authority to inspect motor vehicles for safety defects at a port-of-entry. Adds Subsection (c) prohibiting vehicles or drivers from continuing if they fail to meet minimum safety standards. SECTION 3. Amends Section 621.401, Transportation Code, by adding Subsection (5) which adds DPS safety certified police officers to the definition of weight enforcement officer. SECTION 4. Amends Section 621.409, Transportation Code, to allow weight enforcement officers to weigh vehicles at ports-of-entry. SECTION 5. Amends Section 621.503(a), Transportation Code, to broaden the enforcement of overloaded (overweight) trucks. SECTION 6. Emergency Clause. Effective upon passage.