76R11369 WP-F
By Driver H.B. No. 1087
Substitute the following for H.B. No. 1087:
By Turner of Coleman C.S.H.B. No. 1087
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county enforcement of commercial motor vehicle safety
1-3 standards.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Section 644.101, Transportation Code, is amended
1-6 to read as follows:
1-7 Sec. 644.101. CERTIFICATION OF MUNICIPAL POLICE OFFICERS AND
1-8 SHERIFFS OR SHERIFF'S DEPUTIES. (a) The department shall
1-9 establish procedures, including training, for the certification of
1-10 municipal police officers, sheriffs, and sheriff's deputies to
1-11 enforce this chapter.
1-12 (b) A police officer of any of the following municipalities
1-13 is eligible to apply for certification under this section:
1-14 (1) a municipality with a population of 100,000 or
1-15 more;
1-16 (2) a municipality with a population of 25,000 or more
1-17 any part of which is located in a county with a population of 1.8
1-18 [2.4] million or more; or
1-19 (3) a municipality any part of which is located in a
1-20 county bordering the United Mexican States.
1-21 (c) A sheriff or sheriff's deputy of a county with a
1-22 population of 270,000 or more is eligible to apply for
1-23 certification under this section. A sheriff's deputy must be
1-24 recertified biennially to enforce this chapter.
2-1 (d) The department by rule shall establish reasonable fees
2-2 sufficient to recover from a municipality or county, as
2-3 appropriate, the cost of certifying its police officers, sheriffs,
2-4 or sheriff's deputies under this section.
2-5 SECTION 2. Section 644.102, Transportation Code, is amended
2-6 to read as follows:
2-7 Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
2-8 (a) The department by rule may establish uniform standards for
2-9 municipal and county enforcement of this chapter. Before
2-10 enforcing this chapter, a county must adopt the uniform standards
2-11 of enforcement under this chapter.
2-12 (b) A municipality or county that engages in enforcement
2-13 under this chapter:
2-14 (1) shall pay all costs relating to the municipality's
2-15 or county's enforcement; and
2-16 (2) may not be considered, in the context of a federal
2-17 grant related to this chapter:
2-18 (A) a party to a federal grant agreement; or
2-19 (B) a grantee under a federal grant to the
2-20 department.
2-21 (c) Municipal or county enforcement under Section 644.103(b)
2-22 is not considered departmental enforcement for purposes of
2-23 maintaining levels of effort required by a federal grant.
2-24 (d) In each fiscal year, a municipality or county may retain
2-25 fines from the enforcement of this chapter in an amount not to
2-26 exceed 110 percent of the municipality's or county's actual
2-27 expenses for enforcement of this chapter in the preceding fiscal
3-1 year, as determined by the comptroller or county auditor after
3-2 reviewing the most recent municipal or county audit conducted under
3-3 Section 103.001 or Section 115.045, Local Government Code. If
3-4 there are no actual expenses for enforcement of this chapter in the
3-5 most recent municipal or county audit, a municipality or county may
3-6 retain fines in an amount not to exceed 110 percent of the amount
3-7 the comptroller or county auditor estimates would be the
3-8 municipality's or county's actual expenses for enforcement of this
3-9 chapter during the year.
3-10 (e) A municipality or county shall send to the comptroller
3-11 the proceeds of all fines that exceed the limit imposed by
3-12 Subsection (d).
3-13 SECTION 3. Section 644.103, Transportation Code, is amended
3-14 by adding Subsection (d) to read as follows:
3-15 (d) A sheriff or sheriff's deputy who is certified under
3-16 Section 644.101 may detain on a highway within the territory of the
3-17 county a motor vehicle that is subject to this chapter.
3-18 SECTION 4. (a) In accordance with Section 311.031(c),
3-19 Government Code, which gives effect to a substantive amendment
3-20 enacted by the same legislature that codifies the amended statute,
3-21 the text of Section 644.101, Transportation Code, as set out in
3-22 this Act, gives effect to changes made by Chapter 364 and Chapter
3-23 1061, Acts of the 75th Legislature, Regular Session, 1997.
3-24 (b) To the extent of any conflict, this Act prevails over
3-25 another Act of the 76th Legislature, Regular Session, 1999,
3-26 relating to nonsubstantive additions and corrections in enacted
3-27 codes.
4-1 SECTION 5. This Act takes effect September 1, 1999.
4-2 SECTION 6. The importance of this legislation and the
4-3 crowded condition of the calendars in both houses create an
4-4 emergency and an imperative public necessity that the
4-5 constitutional rule requiring bills to be read on three several
4-6 days in each house be suspended, and this rule is hereby suspended.