By Driver H.B. No. 433
77R2335 JAT-F
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to county and municipal enforcement of commercial motor
1-3 vehicle safety 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,
1-8 SHERIFFS, AND 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
1-17 more any part of which is located in a county with a population of
1-18 2.4 million or more;]
1-19 [(3) a municipality with a population of less than
1-20 25,000:]
1-21 [(A) any part of which is located in a county
1-22 with a population of 2.4 million; and]
1-23 [(B) that contains or is adjacent to an
1-24 international port; or]
2-1 [(4) a municipality any part of which is located in a
2-2 county bordering the United Mexican States.]
2-3 [(c)] The department by rule shall establish reasonable fees
2-4 sufficient to recover from a municipality the cost of certifying
2-5 its police officers and from a county the cost of certifying its
2-6 sheriff or sheriff's deputies under this section.
2-7 SECTION 2. Section 644.102, Transportation Code, is amended
2-8 to read as follows:
2-9 Sec. 644.102. MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS.
2-10 (a) The department by rule shall establish uniform standards for
2-11 municipal and county enforcement of this chapter.
2-12 (b) A municipality or county that engages in enforcement
2-13 under this chapter:
2-14 (1) shall pay all costs relating to the municipality's
2-15 or county's enforcement;
2-16 (2) may not be considered, in the context of a federal
2-17 grant related to this chapter:
2-18 (A) a party to a federal grant agreement; or
2-19 (B) a grantee under a federal grant to the
2-20 department; and
2-21 (3) must comply with the standards established under
2-22 Subsection (a).
2-23 (c) Municipal or county enforcement under Section 644.103(b)
2-24 is not considered departmental enforcement for purposes of
2-25 maintaining levels of effort required by a federal grant.
2-26 (d) In each fiscal year, a municipality or county may retain
2-27 fines from the enforcement of this chapter in an amount not to
3-1 exceed 110 percent of the municipality's or county's actual
3-2 expenses for enforcement of this chapter in the preceding fiscal
3-3 year, as determined by the comptroller or county auditor after
3-4 reviewing the most recent municipal audit conducted under Section
3-5 103.001, Local Government Code, or county audit conducted under
3-6 Section 115.045, Local Government Code. If there are no actual
3-7 expenses for enforcement of this chapter in the most recent
3-8 municipal or county audit, a municipality or county may retain
3-9 fines in an amount not to exceed 110 percent of the amount the
3-10 comptroller or county auditor estimates would be the municipality's
3-11 or county's actual expenses for enforcement of this chapter during
3-12 the year.
3-13 (e) A municipality or county shall send to the comptroller
3-14 the proceeds of all fines that exceed the limit imposed by
3-15 Subsection (d).
3-16 (f) The department shall revoke or rescind the certification
3-17 of any municipal police officer, sheriff, or sheriff's deputy who
3-18 fails to comply with any standard established under Subsection (a).
3-19 SECTION 3. Section 644.103(b), Transportation Code, is
3-20 amended to read as follows:
3-21 (b) A municipal police officer, a sheriff, or a sheriff's
3-22 deputy who is certified under Section 644.101 may detain on a
3-23 highway or at a port of entry within the territory of the
3-24 municipality or county, as applicable, a motor vehicle that is
3-25 subject to this chapter.
3-26 SECTION 4. This Act takes effect September 1, 2001.