By Carona S.B. No. 162 76R2862 WP-F 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 2.4 1-18 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 500,000 or more is eligible to apply for 1-23 certification under this section. 1-24 (d) The department by rule shall establish reasonable fees 2-1 sufficient to recover from a municipality or county, as 2-2 appropriate, the cost of certifying its police officers, sheriffs, 2-3 or sheriff's deputies under this section. 2-4 SECTION 2. Section 644.102, Transportation Code, is amended 2-5 to read as follows: 2-6 Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS. 2-7 (a) The department by rule may establish uniform standards for 2-8 municipal and county enforcement of this chapter. 2-9 (b) A municipality or county that engages in enforcement 2-10 under this chapter: 2-11 (1) shall pay all costs relating to the municipality's 2-12 or county's enforcement; and 2-13 (2) may not be considered, in the context of a federal 2-14 grant related to this chapter: 2-15 (A) a party to a federal grant agreement; or 2-16 (B) a grantee under a federal grant to the 2-17 department. 2-18 (c) Municipal or county enforcement under Section 644.103(b) 2-19 is not considered departmental enforcement for purposes of 2-20 maintaining levels of effort required by a federal grant. 2-21 (d) In each fiscal year, a municipality or county may retain 2-22 fines from the enforcement of this chapter in an amount not to 2-23 exceed 110 percent of the municipality's or county's actual 2-24 expenses for enforcement of this chapter in the preceding fiscal 2-25 year, as determined by the comptroller or county auditor after 2-26 reviewing the most recent municipal or county audit conducted under 2-27 Section 103.001 or Section 115.045, Local Government Code. If 3-1 there are no actual expenses for enforcement of this chapter in the 3-2 most recent municipal or county audit, a municipality or county may 3-3 retain fines in an amount not to exceed 110 percent of the amount 3-4 the comptroller or county auditor estimates would be the 3-5 municipality's or county's actual expenses for enforcement of this 3-6 chapter during the year. 3-7 (e) A municipality or county shall send to the comptroller 3-8 the proceeds of all fines that exceed the limit imposed by 3-9 Subsection (d). 3-10 SECTION 3. Section 644.103, Transportation Code, is amended 3-11 by adding Subsection (d) to read as follows: 3-12 (d) A sheriff or sheriff's deputy who is certified under 3-13 Section 644.101 may detain on a highway within the territory of the 3-14 county a motor vehicle that is subject to this chapter. 3-15 SECTION 4. (a) In accordance with Section 311.031(c), 3-16 Government Code, which gives effect to a substantive amendment 3-17 enacted by the same legislature that codifies the amended statute, 3-18 the text of Section 644.101, Transportation Code, as set out in 3-19 this Act, gives effect to changes made by Chapter 364 and Chapter 3-20 1061, Acts of the 75th Legislature, Regular Session, 1997. 3-21 (b) To the extent of any conflict, this Act prevails over 3-22 another Act of the 76th Legislature, Regular Session, 1999, 3-23 relating to nonsubstantive additions and corrections in enacted 3-24 codes. 3-25 SECTION 5. This Act takes effect September 1, 1999. 3-26 SECTION 6. The importance of this legislation and the 3-27 crowded condition of the calendars in both houses create an 4-1 emergency and an imperative public necessity that the 4-2 constitutional rule requiring bills to be read on three several 4-3 days in each house be suspended, and this rule is hereby suspended.