SRC-BWC S.B. 205 77(R)   BILL ANALYSIS


Senate Research Center   S.B. 205
77R3018 JMG-D By: Shapleigh
Intergovernmental Relations
2/26/2001
As Filed


DIGEST AND PURPOSE 

Currently, only a limited number of municipal law enforcement officers are
authorized to perform commercial vehicle safety inspections in Texas.  This
limited number excludes sheriffs and sheriff's deputies from performing
inspection.  From 1993 to 1998, commercial truck traffic on Texas highways
increased by 38%.  Moreover, 80% of all United States-Mexico trade-related
truck traffic passes through Texas which has become increasingly more
dangerous for both commercial trucks and passenger vehicles.  As proposed,
S.B. 205 authorizes police officers of any municipality or county to
request certification from the Department of Public Safety to enforce the
Federal Motor Carrier Safety Regulations Act.   

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 Sections 644.101 and 644.102, Transportation Code, as
follows: 

Sec. 644.101.  New heading:  CERTIFICATION OF POLICE OFFICERS.  Requires
the Department of Public Safety (department) to establish procedures,
including uniform training, for the certification of police officers to
enforce this chapter.  Provides that a police officer of any municipality
or county is eligible to apply for certification.  Deletes text that
defines "municipality" for this section.  Makes conforming and
nonsubstantive changes. 

Sec.  644.102.  New heading:  ENFORCEMENT REQUIREMENTS.  Authorizes a
municipality or county to retain the proceeds from the enforcement of the
chapter, not to exceed 110 percent of the actual expenses, after the actual
expenses for enforcement of this chapter in the preceding fiscal year have
been determined by the comptroller upon reviewing the most recent municipal
audit conducted under Section 103.001 (Annual Audit; Financial Statement),
Local Government Code, or the most recent county audit conducted under
Chapter 115 (Audit of County Finances), Local Government Code.  Makes
conforming changes. 

SECTION 2.  Amends Section 644.103(b), Transportation Code, by authorizing
a police officer who is certified under Section 644.101 to detain on a
highway or at a port of entry within the territory of the municipality or
county that employs the officer a motor vehicle that is subject to this
chapter. 

SECTION 3.  Effective date:  upon passage or September 1, 2001.