By:  Shapleigh                                        S.B. No. 1828

                                A BILL TO BE ENTITLED

                                       AN ACT

 1-1     relating to enforcement of vehicle weight and safety restrictions.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Section 6, Article 6675d, Revised Statutes, is

 1-4     amended to read as follows:

 1-5           Sec. 6.  CERTIFICATION OF MUNICIPAL POLICE [PEACE] OFFICERS.

 1-6     (a)  The department shall establish procedures, including training,

 1-7     for the certification of municipal police [peace] officers to

 1-8     enforce this article.

 1-9           (b)  A police [peace] officer of any of the following

1-10     municipalities is eligible to apply for certification under this

1-11     section:

1-12                 (1)  a municipality with a population of 100,000 or

1-13     more;

1-14                 (2)  a municipality with a population of 25,000 or more

1-15     any part of which is located in a county with a population of 2.4

1-16     million or more; or

1-17                 (3)  a municipality any part of which is located in a

1-18     county bordering the United Mexican States.

1-19           (c)  The department by rule shall establish reasonable fees

1-20     sufficient to recover from a municipality the cost of certifying

1-21     its police [peace] officers under this section.

1-22           SECTION 2.  Section 8, Article 6675d, Revised Statutes, is

1-23     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:

 3-1           Sec. 621.409.  WEIGHING OF LOADED VEHICLES BY PORT-OF-ENTRY

 3-2     SUPERVISORS, [OR] INSPECTORS, OR WEIGHT ENFORCEMENT OFFICERS.

 3-3     (a)  A port-of-entry supervisor, an [or] inspector employed by the

 3-4     Alcoholic Beverage Commission, or a weight enforcement officer who

 3-5     has reason to believe that the gross weight or axle load of a

 3-6     loaded motor vehicle is unlawful may weigh the vehicle using

 3-7     portable or stationary scales furnished or approved by the

 3-8     Department of Public Safety.

 3-9           (b)  If the vehicle exceeds the maximum gross weight

3-10     authorized by law, plus the tolerance allowance provided by Section

3-11     621.403, the supervisor, [or] inspector, or weight enforcement

3-12     officer may prohibit the vehicle from proceeding farther into the

3-13     state.

3-14           SECTION 5.  Subsection (a), Section 621.503, Transportation

3-15     Code, is amended to read as follows:

3-16           (a)  A person may not load, or cause to be loaded, a vehicle

3-17     for operation on a public highway of this state that exceeds the

3-18     weight limitations for operation of that vehicle provided by

3-19     Section 621.101.

3-20           SECTION 6.  The importance of this legislation and the

3-21     crowded condition of the calendars in both houses create an

3-22     emergency and an imperative public necessity that the

3-23     constitutional rule requiring bills to be read on three several

3-24     days in each house be suspended, and this rule is hereby suspended,

3-25     and that this Act take effect and be in force from and after its

 4-1     passage, and it is so enacted.