1-1     By:  Flores (Senate Sponsor - Lucio)                   H.B. No. 496
 1-2           (In the Senate - Received from the House April 19, 1999;
 1-3     April 20, 1999, read first time and referred to Special Committee
 1-4     on Border Affairs; May 13, 1999, reported favorably by the
 1-5     following vote:  Yeas 6, Nays 0; May 13, 1999, sent to printer.)
 1-6                            A BILL TO BE ENTITLED
 1-7                                   AN ACT
 1-8     relating to the operation of vehicle theft checkpoints near the
 1-9     Mexican border.
1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-11           SECTION 1.  Section 411.0095, Government Code, is amended to
1-12     read as follows:
1-13           Sec. 411.0095.  [LOCAL COOPERATION FOR] VEHICLE THEFT
1-14     CHECKPOINTS AT BORDER CROSSING.  (a)  The department may establish
1-15     a program [in conjunction with local law enforcement authorities]
1-16     for the purpose of establishing border crossing checkpoints to
1-17     prevent stolen vehicles, farm tractors or implements, [or]
1-18     construction equipment, aircraft, or watercraft from entering
1-19     Mexico.
1-20           (b)  A checkpoint may be established under Subsection (a)
1-21     [for the purpose of preventing stolen vehicles, farm tractors or
1-22     implements, or construction equipment from entering Mexico] if the
1-23     checkpoint is:
1-24                 (1)  located within 250 yards of a federally designated
1-25     crossing facility located at or near the actual boundary between
1-26     this state and Mexico;
1-27                 (2)  located on a public highway or street leading
1-28     directly to an international border crossing;
1-29                 (3)  designed to stop only traffic bound for Mexico;
1-30     and
1-31                 (4)  operated in such a manner as to stop only
1-32     vehicles, tractors or implements, [or] equipment, aircraft, or
1-33     watercraft for which law enforcement authorities have probable
1-34     cause to believe is stolen and bound for Mexico[, as evidenced by
1-35     broken windows or other visible signs of forced entry].
1-36           (c)  The department may establish the border crossing
1-37     checkpoint program in conjunction with local law enforcement
1-38     authorities.  The department and local law enforcement authorities
1-39     may share the cost of staffing the checkpoints.
1-40           (d)  The department shall establish procedures governing the
1-41     encounter between the driver and the peace officers operating the
1-42     checkpoint that ensure that any intrusion on the driver is
1-43     minimized and that the inquiries made are reasonably related to the
1-44     purpose of the checkpoint.  A peace officer at the checkpoint may
1-45     not direct a driver or a passenger in a motor vehicle to leave the
1-46     vehicle or move the vehicle off the roadway unless the officer has
1-47     reasonable suspicion or probable cause to believe that the person
1-48     committed or is committing an offense.  However, a peace officer
1-49     may require that each motor vehicle passing through the checkpoint
1-50     be diverted to a location immediately adjacent to the roadway, if
1-51     desirable, to ensure safety.
1-52           (e)  In this section:
1-53                 (1)  "Motor vehicle" and[,] "vehicle" have [has] the
1-54     meanings [meaning] assigned to those terms by Section 541.201,
1-55     Transportation Code.
1-56                 (2)  "Watercraft" has the meaning assigned by Section
1-57     49.01, Penal Code.
1-58           SECTION 2.  This Act takes effect September 1, 1999.
1-59           SECTION 3.  The importance of this legislation and the
1-60     crowded condition of the calendars in both houses create an
1-61     emergency and an imperative public necessity that the
1-62     constitutional rule requiring bills to be read on three several
1-63     days in each house be suspended, and this rule is hereby suspended.
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