SRC-BWC H.B. 2058 77(R)   BILL ANALYSIS


Senate Research Center   H.B. 2058
By: Moreno, Joe E. (Shapiro)
State Affairs
5/1/2001
Engrossed


DIGEST AND PURPOSE 

Under current law, the certification needed to inspect commercial vehicles
for compliance with commercial motor vehicle safety standards is only
extended to Department of Public Safety (DPS) officers and employees and to
certain municipal police officers. In addition, current law authorizes
certified DPS officers or employees to enter a motor carrier's premises for
inspection at a reasonable time. However, municipal police officers are not
currently extended similar authority. As a result, these officers are
exposed to the risk of inspecting the vehicle in traffic and are only able
to inspect one vehicle at a time.  H.B. 2058 authorizes a municipal police
officer to enter a motor carrier's premises to inspect equipment on a per
unit basis or in a manner agreeable to both parties, at a reasonable time.  

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a
state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 644.104, Transportation Code, by adding
Subsection (e) to authorize a municipal police officer who is certified
under Section 644.101 to enter a motor carrier's premises to inspect
equipment on a per unit basis or in a manner agreeable between the motor
carrier and the enforcement entity at a reasonable time, after stating the
purpose of the inspection, and by presenting to the motor carrier
appropriate credentials. 

SECTION 2.  Effective date: upon passage or September 1, 2001.