By:  Shapleigh                                        S.B. No. 1828

         Line and page numbers may not match official copy.

         Bill not drafted by TLC or Senate E&E.

                                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.

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

 2-2     amended to read as follows:

 2-3           Sec. 8.  DETENTION OF VEHICLES.  (a)  An officer of the

 2-4     department may enter or detain on a highway or at a port of entry a

 2-5     motor vehicle that is subject to this article.

 2-6           (b)  A police [peace] officer who is certified under Section

 2-7     6 of this article may detain on a highway or at a port of entry

 2-8     within the municipality a motor vehicle that is subject to this

 2-9     article.

2-10           (c)  An officer who detains a vehicle under this section may

2-11     prohibit the further operation of the vehicle on a highway if the

2-12     vehicle or operator of the vehicle is in violation of a federal

2-13     safety regulation or a rule adopted under this article.

2-14           SECTION 3.  Section 621.401, Transportation Code, is amended

2-15     to read as follows:

2-16           Sec. 621.401.  DEFINITION.  In this subchapter, "weight

2-17     enforcement officer" means:

2-18                 (1)  a license and weight inspector of the Department

2-19     of Public Safety;

2-20                 (2)  a highway patrol officer;

2-21                 (3)  a sheriff or sheriff's deputy; [or]

2-22                 (4)  a municipal police officer in a municipality with

2-23     a population of 100,000 or more; or

2-24                 (5)  a police officer certified under Section 6,

2-25     Article 6675d, Revised Statutes.

 3-1           SECTION 4.  Section 621.409, Transportation Code, is amended

 3-2     to read as follows:

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

 3-4     SUPERVISORS, [OR] INSPECTORS, OR WEIGHT ENFORCEMENT OFFICERS.

 3-5     (a)  A port-of-entry supervisor, an [or] inspector employed by the

 3-6     Alcoholic Beverage Commission, or a weight enforcement officer who

 3-7     has reason to believe that the gross weight or axle load of a

 3-8     loaded motor vehicle is unlawful may weigh the vehicle using

 3-9     portable or stationary scales furnished or approved by the

3-10     Department of Public Safety.

3-11           (b)  If the vehicle exceeds the maximum gross weight

3-12     authorized by law, plus the tolerance allowance provided by Section

3-13     621.403, the supervisor, [or] inspector, or weight enforcement

3-14     officer may prohibit the vehicle from proceeding farther into the

3-15     state.

3-16           SECTION 5.  Section 621.503(a), Transportation Code, is

3-17     amended to read as follows:

3-18           (a)  A person may not load, or cause to be loaded, a vehicle

3-19     for operation on a public highway of this state that exceeds the

3-20     weight limitations for operation of that vehicle provided by

3-21     Section 621.101.

3-22           SECTION 6.  The importance of this legislation and the

3-23     crowded condition of the calendars in both houses create an

3-24     emergency and an imperative public necessity that the

3-25     constitutional rule requiring bills to be read on three several

 4-1     days in each house be suspended, and this rule is hereby suspended,

 4-2     and that this Act take effect and be in force from and after its

 4-3     passage, and it is so enacted.