SRC-DPW H.B. 1087 76(R)   BILL ANALYSIS


Senate Research Center   H.B. 1087
By: Driver (Shapiro)
State Affairs
5/14/1999
Engrossed


DIGEST 

Currently, the Department of Public Safety (department) enforces the
federal motor carrier safety regulations and federal hazardous materials
regulations. Under current law, the enforcement of these regulations is
permitted by a peace officer in a city with a population of 100,000 or more
or a city of 25,000 or more in a county with a population of 2.4 million or
more.  H.B. 1087 requires the department to establish procedures, including
training, for the certification of sheriffs and sheriff's deputies. This
bill provides that a sheriff or sheriff's deputy of a county with a
population of 270,000 or more is eligible for certification under this
section. This bill also requires the department to establish reasonable
fees sufficient to recover from a county, as appropriate, the cost of
certifying its sheriffs or sheriff's deputies. It authorizes the department
to establish uniform standards for county enforcement of this chapter.
H.B. 1087 authorizes a sheriff or sheriff's deputy to detain a motor
vehicle on a highway within the county territory.  

PURPOSE

As proposed, H.B. 1087 sets forth requirements relating to county
enforcement of commercial vehicle safety standards. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 644.101, Transportation Code, as follows:

Sec.  644.101.  New heading: CERTIFICATION OF MUNICIPAL POLICE OFFICERS AND
SHERIFFS OR SHERIFF'S DEPUTIES.  Includes sheriffs and sheriff's deputies
among those required to be trained and certified under this section.
Provides that a police officer of a municipality of which part is located
in a county with a population of 1.8, rather than 2.4, million is eligible
to apply for certification under this section.  Authorizes a sheriff or a
sheriff's deputy of a county with a population of 1.8 million or more to
apply for certification under this section.  Makes conforming changes. 

SECTION 2.  Amends Section 644.102, Transportation Code, as follows:

Sec.  644.102.  New heading: MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
Includes counties in the enforcement requirements under this section.
Requires a county to adopt the uniform standards of enforcement under this
chapter, before enforcing this chapter.  Makes conforming changes. 

SECTION 3.  Amends Section 644.103, Transportation Code, by adding
Subsection (d), to authorize a sheriff or a sheriff's deputy, certified
under Section 644.101, to detain a motor vehicle subject to this chapter,
on a highway within the territory of a county. 

SECTION 4. Provides that Section 644.101, Transportation Code, as set out
in this Act, gives effect to changes made by Chapter 364 and Chapter 1061,
Acts of the 75th Legislature, Regular Session, 1997.  Provides that this
Act prevails over another Act of the 76th Legislature, Regular Session,
1999, to the extent of any conflict. 
 
SECTION 5. Effective date: September 1, 1999.

SECTION 6.   Emergency clause.