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.

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