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.