1-1 By: Shapleigh S.B. No. 1828
1-2 (In the Senate - Filed March 14, 1997; March 24, 1997, read
1-3 first time and referred to Committee on Intergovernmental
1-4 Relations; April 8, 1997, reported favorably by the following vote:
1-5 Yeas 11, Nays 0; April 8, 1997, sent to printer.)
1-6 A BILL TO BE ENTITLED
1-7 AN ACT
1-8 relating to enforcement of vehicle weight and safety restrictions.
1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-10 SECTION 1. Section 6, Article 6675d, Revised Statutes, is
1-11 amended to read as follows:
1-12 Sec. 6. CERTIFICATION OF MUNICIPAL POLICE [PEACE] OFFICERS.
1-13 (a) The department shall establish procedures, including training,
1-14 for the certification of municipal police [peace] officers to
1-15 enforce this article.
1-16 (b) A police [peace] officer of any of the following
1-17 municipalities is eligible to apply for certification under this
1-18 section:
1-19 (1) a municipality with a population of 100,000 or
1-20 more;
1-21 (2) a municipality with a population of 25,000 or more
1-22 any part of which is located in a county with a population of 2.4
1-23 million or more; or
1-24 (3) a municipality any part of which is located in a
1-25 county bordering the United Mexican States.
1-26 (c) The department by rule shall establish reasonable fees
1-27 sufficient to recover from a municipality the cost of certifying
1-28 its police [peace] officers under this section.
1-29 SECTION 2. Section 8, Article 6675d, Revised Statutes, is
1-30 amended to read as follows:
1-31 Sec. 8. DETENTION OF VEHICLES. (a) An officer of the
1-32 department may enter or detain on a highway or at a port of entry a
1-33 motor vehicle that is subject to this article.
1-34 (b) A police [peace] officer who is certified under Section
1-35 6 of this article may detain on a highway or at a port of entry
1-36 within the municipality a motor vehicle that is subject to this
1-37 article.
1-38 (c) An officer who detains a vehicle under this section may
1-39 prohibit the further operation of the vehicle on a highway if the
1-40 vehicle or operator of the vehicle is in violation of a federal
1-41 safety regulation or a rule adopted under this article.
1-42 SECTION 3. Section 621.401, Transportation Code, is amended
1-43 to read as follows:
1-44 Sec. 621.401. DEFINITION. In this subchapter, "weight
1-45 enforcement officer" means:
1-46 (1) a license and weight inspector of the Department
1-47 of Public Safety;
1-48 (2) a highway patrol officer;
1-49 (3) a sheriff or sheriff's deputy; [or]
1-50 (4) a municipal police officer in a municipality with
1-51 a population of 100,000 or more; or
1-52 (5) a police officer certified under Section 6,
1-53 Article 6675d, Revised Statutes.
1-54 SECTION 4. Section 621.409, Transportation Code, is amended
1-55 to read as follows:
1-56 Sec. 621.409. WEIGHING OF LOADED VEHICLES BY PORT-OF-ENTRY
1-57 SUPERVISORS, [OR] INSPECTORS, OR WEIGHT ENFORCEMENT OFFICERS.
1-58 (a) A port-of-entry supervisor, an [or] inspector employed by the
1-59 Alcoholic Beverage Commission, or a weight enforcement officer who
1-60 has reason to believe that the gross weight or axle load of a
1-61 loaded motor vehicle is unlawful may weigh the vehicle using
1-62 portable or stationary scales furnished or approved by the
1-63 Department of Public Safety.
1-64 (b) If the vehicle exceeds the maximum gross weight
2-1 authorized by law, plus the tolerance allowance provided by Section
2-2 621.403, the supervisor, [or] inspector, or weight enforcement
2-3 officer may prohibit the vehicle from proceeding farther into the
2-4 state.
2-5 SECTION 5. Subsection (a), Section 621.503, Transportation
2-6 Code, is amended to read as follows:
2-7 (a) A person may not load, or cause to be loaded, a vehicle
2-8 for operation on a public highway of this state that exceeds the
2-9 weight limitations for operation of that vehicle provided by
2-10 Section 621.101.
2-11 SECTION 6. The importance of this legislation and the
2-12 crowded condition of the calendars in both houses create an
2-13 emergency and an imperative public necessity that the
2-14 constitutional rule requiring bills to be read on three several
2-15 days in each house be suspended, and this rule is hereby suspended,
2-16 and that this Act take effect and be in force from and after its
2-17 passage, and it is so enacted.
2-18 * * * * *