HBA-DMD, MPA, MAJ H.B. 496 76(R)BILL ANALYSIS Office of House Bill AnalysisH.B. 496 By: Flores Public Safety 7/30/1999 Enrolled BACKGROUND AND PURPOSE Currently, the state operates stolen vehicle checkpoints at all border crossings into Mexico. The program has proved to be successful, but changes related to increased traffic and congestion along the border have created a need to fine-tune the program. H.B. 496 allows the Department of Public Safety to establish these checkpoints without the approval of local law enforcement authorities and would further define where the checkpoint would be established. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that this bill does not expressly delegate any additional rulemaking authority to a state officer, department, agency, or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 411.0095, Government Code, as follows: Sec. 411.0095. New Title: VEHICLE THEFT CHECKPOINTS AT BORDER CROSSING. (a) Specifies that checkpoints are "border crossing" checkpoints under a program which the Department of Public Safety of the State of Texas (department) is authorized to establish for the purpose of preventing stolen vehicles from entering Mexico. Deletes the provision authorizing the department to establish the program only in conjunction with local law enforcement authorities. Includes aircraft and watercraft in the list of stolen vehicles which checkpoints are to prevent from entering Mexico. Makes a conforming change. (b) Authorizes a checkpoint to be established under Subsection (a), rather than for the purpose of preventing stolen vehicles, farm tractors or implements, or construction equipment from entering Mexico, if the checkpoint is located within 250 yards of a federally designated crossing facility located at or near the actual boundary between Texas and Mexico, if it is located on a public highway or street leading directly to an international border crossing, and if it is designed to stop aircraft or watercraft, in addition to other vehicles. Deletes the provision specifying that a checkpoint may be established provided that a broken window or other sign of forced entry is observed on a specified vehicle believed to be stolen and bound for Mexico, thus allowing for a checkpoint to be established if a vehicle is believed to be stolen and bound for Mexico. Makes conforming changes. (c) Authorizes the department to establish the border crossing checkpoint program in conjunction with local law enforcement authorities and to share the cost of staffing the checkpoints. (d) Makes no change. (e) Provides that "motor vehicle" and "vehicle" have the meanings assigned by Section 541.201 (Vehicles), Transportation Code, and that "watercraft" has the meaning assigned by Section 49.01 (Definitions), Penal Code. Makes conforming and nonsubstantive changes. SECTION 2. Effective date: September 1, 1999. SECTION 3. Emergency clause.