HBA-MSH C.S.H.B. 503 77(R)BILL ANALYSIS


Office of House Bill AnalysisC.S.H.B. 503
By: Pickett
Public Safety
3/22/2001
Committee Report (Substituted)



BACKGROUND AND PURPOSE 

Current law authorizes certain municipal police officers to enforce
commercial motor vehicle safety standards.  These standards regulate the
maintenance, equipment, loading, and operation of commercial motor
vehicles.  C.S.H.B.  503 authorizes certain sheriffs or deputy sheriffs of
a county to apply to the Department of Public Safety for certification to
enforce commercial motor vehicle safety standards. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 644.101, Transportation Code) and SECTION 2 (Section
644.102, Transportation Code) of this bill. 

ANALYSIS

C.S.H.B. 503 amends the Transportation Code to provide that a sheriff or
deputy sheriff of a county bordering the United Mexican States or of a
county with a population of 400,000 or more is eligible to apply to the
Department of Public Safety (DPS) for certification to enforce commercial
motor vehicle safety standards (safety standards).  The bill provides that
a municipal police officer in a municipality with a population of 25,000 or
more any part of which is located in a county with a population of 400,000
or more rather than 2.4 million or more is eligible to apply to DPS for
certification to enforce safety standards. The bill extends the rulemaking
authority of DPS to require DPS to establish reasonable fees sufficient to
recover from a county the cost of certifying its peace officers and to
establish uniform standards for county enforcement of safety standards. 

EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001. 

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 503 differs from the original by providing that a police officer
in a municipality of 25,000 or more any part of which is located in a
county with a population of at least 400,000 rather than 2.4 million is
eligible to apply to the Department of Public Safety for certification to
enforce commercial motor vehicle safety standards (safety standards).  The
substitute also provides that any deputy sheriff of a county bordering the
United Mexican States or of a county with a population of 400,000 or more
is eligible to apply for certification to enforce safety standards, whereas
in the original bill all sheriffs or deputy sheriffs were eligible to apply
for certification.