SRC-JRN S.B. 1828 75(R)   BILL ANALYSIS


Senate Research Center   S.B. 1828
By: Shapleigh
Intergovernmental Relations
3-26-97
As Filed


DIGEST 

Currently, Texas Department of Public Safety (DPS) officers and municipal
police officers who have been certified to provide safety enforcement
under Article 6675d, Transportation Code, use ports-ofentry under the
jurisdiction of the U.S. Customs Service to weigh and inspect trucks which
cross the Texas-Mexico border to deliver goods in Texas and in other
states.  Although agents of the Texas Alcoholic Beverage Commission are
authorized to use these ports of entry, DPS officers and other certified
peace officers do not have statutory authority to use ports of entry.
This bill gives DPS and police officers certified under Section 6, Article
6675d, V.T.C.S., statutory authority to use ports-ofentry. 

PURPOSE

As proposed, S.B. 1828 gives Department of Public Safety officers and
police officers certified under Section 6, Article 6675d, V.T.C.S.,
statutory authority to use ports-of-entry. 

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 6, Article 6675d, V.T.C.S., as follows:

Sec. 6. New heading:  CERTIFICATION OF MUNICIPAL POLICE OFFICERS.
Requires the Department of Public Safety of Texas (department) to
establish procedures, including training for the certification of
municipal police, rather than peace, officers to enforce this article.
Makes conforming changes. 

SECTION 2. Amends Section 8, Article 6675d, V.T.C.S., as follows:

Sec. 8. DETENTION OF VEHICLES.  Authorizes an officer of the department to
enter or detain on a highway or at a port of entry a motor vehicle that is
subject to this article. Authorizes an officer who detains a vehicle under
this section to prohibit the further operation of the vehicle on a highway
if the vehicle or operator of the vehicle is in violation of a federal
safety regulation or a rule adopted under this article.  Makes conforming
changes. 

SECTION 3. Amends Section 621.401, Transportation Code, to redefine
"weight enforcement officer." 

SECTION 4. Amends Section 621.409, Transportation Code, as follows:

Sec. 621.409. New heading:  WEIGHING OF LOADED VEHICLES BY PORT-OFENTRY
SUPERVISORS, INSPECTORS, OR WEIGHT ENFORCEMENT OFFICERS. Authorizes
certain persons, including a weight enforcement officer, to weigh certain
vehicles using portable or stationary scales furnished or approved by the
department.  Makes conforming and nonsubstantive changes. 

SECTION 5. Amends Section 621.503(a), Transportation Code, to prohibit a
person from loading  or causing to be loaded a vehicle that exceeds
certain weight limitations. 

SECTION 6. Emergency clause.
  Effective date: upon passage.