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.