HBA-CMT H.B. 2058 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2058
By: Moreno, Joe E.
Public Safety
7/17/2001
Enrolled



BACKGROUND AND PURPOSE 

Prior to the 77th Legislature, the certification needed to inspect
commercial vehicles for compliance with commercial motor vehicle safety
standards was only extended to Department of Public Safety (DPS) officers
and employees and to certain municipal police officers.  In addition,
previous law authorized certified DPS officers or employees to enter a
motor carrier's premises for inspection at a reasonable time. However,
municipal police officers were not extended similar authority.  As a
result, these officers were exposed to the risk of inspecting the vehicle
in traffic and were only able to inspect one vehicle at a time. House Bill
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

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, of institution. 

ANALYSIS

House Bill 2058 amends the Transportation Code to authorize a municipal
police officer who is certified to inspect commercial motor vehicles 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
presenting appropriate credentials to the motor carrier.     
 
EFFECTIVE DATE

June 13, 2001.