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.