By Flores H.B. No. 496
76R2573 PEP-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the operation of vehicle theft checkpoints near the
1-3 Mexican border.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 411.0095, Government Code, is amended to
1-6 read as follows:
1-7 Sec. 411.0095. [LOCAL COOPERATION FOR] VEHICLE THEFT
1-8 CHECKPOINTS AT BORDER CROSSING. (a) The department may establish
1-9 a program [in conjunction with local law enforcement authorities]
1-10 for the purpose of establishing border crossing checkpoints to
1-11 prevent stolen vehicles, farm tractors or implements, [or]
1-12 construction equipment, aircraft, or watercraft from entering
1-13 Mexico.
1-14 (b) A checkpoint may be established under Subsection (a)
1-15 [for the purpose of preventing stolen vehicles, farm tractors or
1-16 implements, or construction equipment from entering Mexico] if the
1-17 checkpoint is:
1-18 (1) located within 250 yards of a federally designated
1-19 crossing facility located at or near the actual boundary between
1-20 this state and Mexico;
1-21 (2) located on a public highway or street leading
1-22 directly to an international border crossing; and
1-23 (3) designed to stop only traffic bound for Mexico[;
1-24 and]
2-1 [(4) operated in such a manner as to stop only
2-2 vehicles, tractors or implements, or equipment for which law
2-3 enforcement authorities have probable cause to believe is stolen
2-4 and bound for Mexico, as evidenced by broken windows or other
2-5 visible signs of forced entry].
2-6 (c) The department may establish the border crossing
2-7 checkpoint program in conjunction with local law enforcement
2-8 authorities. The department and local law enforcement authorities
2-9 may share the cost of staffing the checkpoints.
2-10 (d) The department shall establish procedures governing the
2-11 encounter between the driver and the peace officers operating the
2-12 checkpoint that ensure that any intrusion on the driver is
2-13 minimized and that the inquiries made are reasonably related to the
2-14 purpose of the checkpoint. A peace officer at the checkpoint may
2-15 not direct a driver or a passenger in a motor vehicle to leave the
2-16 vehicle or move the vehicle off the roadway unless the officer has
2-17 reasonable suspicion or probable cause to believe that the person
2-18 committed or is committing an offense. However, a peace officer
2-19 may require that each motor vehicle passing through the checkpoint
2-20 be diverted to a location immediately adjacent to the roadway, if
2-21 desirable, to ensure safety.
2-22 (e) In this section:
2-23 (1) "Motor vehicle" and[,] "vehicle" have [has] the
2-24 meanings [meaning] assigned to those terms by Section 541.201,
2-25 Transportation Code.
2-26 (2) "Watercraft" has the meaning assigned by Section
2-27 49.01, Penal Code.
3-1 SECTION 2. This Act takes effect September 1, 1999.
3-2 SECTION 3. The importance of this legislation and the
3-3 crowded condition of the calendars in both houses create an
3-4 emergency and an imperative public necessity that the
3-5 constitutional rule requiring bills to be read on three several
3-6 days in each house be suspended, and this rule is hereby suspended.
3-7 COMMITTEE AMENDMENT NO. 1
3-8 Amend H.B. No. 496 as follows:
3-9 (1) On page 1, line 22, strike "and".
3-10 (2) Strike the language on page 1, line 23, through page 2,
3-11 line 5, and substitute the following:
3-12 (3) designed to stop only traffic bound for Mexico;
3-13 and
3-14 (4) operated in such a manner as to stop only
3-15 vehicles, tractors or implements, [or] equipment, aircraft, or
3-16 watercraft for which law enforcement authorities have probable
3-17 cause to believe is stolen and bound for Mexico[, as evidenced by
3-18 broken windows or other visible signs of forced entry].
3-19 76R10235 PEP-D Gutierrez