By Pickett H.B. No. 2028
75R6178 DWS-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement of vehicle weight and safety restrictions.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Section 6, Article 6675d, Revised Statutes, is
1-5 amended to read as follows:
1-6 Sec. 6. CERTIFICATION OF MUNICIPAL POLICE [PEACE] OFFICERS.
1-7 (a) The department shall establish procedures, including training,
1-8 for the certification of municipal police [peace] officers to
1-9 enforce this article.
1-10 (b) A police [peace] officer of any of the following
1-11 municipalities is eligible to apply for certification under this
1-12 section:
1-13 (1) a municipality with a population of 100,000 or
1-14 more;
1-15 (2) a municipality with a population of 25,000 or more
1-16 any part of which is located in a county with a population of 2.4
1-17 million or more; or
1-18 (3) a municipality any part of which is located in a
1-19 county bordering the United Mexican States.
1-20 (c) The department by rule shall establish reasonable fees
1-21 sufficient to recover from a municipality the cost of certifying
1-22 its police [peace] officers under this section.
1-23 SECTION 2. Section 8, Article 6675d, Revised Statutes, is
1-24 amended to read as follows:
2-1 Sec. 8. DETENTION OF VEHICLES. (a) An officer of the
2-2 department may enter or detain on a highway or at a port of entry a
2-3 motor vehicle that is subject to this article.
2-4 (b) A police [peace] officer who is certified under Section
2-5 6 of this article may detain on a highway or at a port of entry
2-6 within the municipality a motor vehicle that is subject to this
2-7 article.
2-8 (c) An officer who detains a vehicle under this section may
2-9 prohibit the further operation of the vehicle on a highway if the
2-10 vehicle or operator of the vehicle is in violation of a federal
2-11 safety regulation or a rule adopted under this article.
2-12 SECTION 3. Section 621.401, Transportation Code, is amended
2-13 to read as follows:
2-14 Sec. 621.401. DEFINITION. In this subchapter, "weight
2-15 enforcement officer" means:
2-16 (1) a license and weight inspector of the Department
2-17 of Public Safety;
2-18 (2) a highway patrol officer;
2-19 (3) a sheriff or sheriff's deputy; [or]
2-20 (4) a municipal police officer in a municipality with
2-21 a population of 100,000 or more; or
2-22 (5) a police officer certified under Section 6,
2-23 Article 6675d, Revised Statutes.
2-24 SECTION 4. Section 621.409, Transportation Code, is amended
2-25 to read as follows:
2-26 Sec. 621.409. WEIGHING OF LOADED VEHICLES BY PORT-OF-ENTRY
2-27 SUPERVISORS, [OR] INSPECTORS, OR WEIGHT ENFORCEMENT OFFICERS.
3-1 (a) A port-of-entry supervisor, an [or] inspector employed by the
3-2 Alcoholic Beverage Commission, or a weight enforcement officer who
3-3 has reason to believe that the gross weight or axle load of a
3-4 loaded motor vehicle is unlawful may weigh the vehicle using
3-5 portable or stationary scales furnished or approved by the
3-6 Department of Public Safety.
3-7 (b) If the vehicle exceeds the maximum gross weight
3-8 authorized by law, plus the tolerance allowance provided by Section
3-9 621.403, the supervisor, [or] inspector, or weight enforcement
3-10 officer may prohibit the vehicle from proceeding farther into the
3-11 state.
3-12 SECTION 5. Section 621.503(a), Transportation Code, is
3-13 amended to read as follows:
3-14 (a) A person may not load, or cause to be loaded, a vehicle
3-15 for operation on a public highway of this state that exceeds the
3-16 weight limitations for operation of that vehicle provided by
3-17 Section 621.101.
3-18 SECTION 6. The importance of this legislation and the
3-19 crowded condition of the calendars in both houses create an
3-20 emergency and an imperative public necessity that the
3-21 constitutional rule requiring bills to be read on three several
3-22 days in each house be suspended, and this rule is hereby suspended,
3-23 and that this Act take effect and be in force from and after its
3-24 passage, and it is so enacted.