By Pickett H.B. No. 503
77R1850 DRH-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to allowing a sheriff or deputy sheriff to enforce
1-3 commercial motor 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 CERTAIN PEACE [MUNICIPAL
1-8 POLICE] OFFICERS. (a) The department shall establish procedures,
1-9 including training, for the certification of municipal police
1-10 officers, sheriffs, and deputy sheriffs to enforce this chapter.
1-11 (b) A police officer of any of the following municipalities
1-12 is eligible to apply for certification under this section:
1-13 (1) a municipality with a population of 100,000 or
1-14 more;
1-15 (2) a municipality with a population of 25,000 or more
1-16 any part of which is located in a county with a population of 2.4
1-17 million or more;
1-18 (3) a municipality with a population of less than
1-19 25,000:
1-20 (A) any part of which is located in a county
1-21 with a population of 2.4 million; and
1-22 (B) that contains or is adjacent to an
1-23 international port; or
1-24 (4) a municipality any part of which is located in a
2-1 county bordering the United Mexican States.
2-2 (c) A sheriff or a deputy sheriff of a county is eligible to
2-3 apply for certification under this section.
2-4 (d) The department by rule shall establish reasonable fees
2-5 sufficient to recover from a municipality or a county the cost of
2-6 certifying its peace [police] officers 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 or 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 may retain fines
2-27 from the enforcement of this chapter in an amount not to exceed 110
3-1 percent of the municipality's actual expenses for enforcement of
3-2 this chapter in the preceding fiscal year, as determined by the
3-3 comptroller after reviewing the most recent municipal audit
3-4 conducted under Section 103.001, Local Government Code. If there
3-5 are no actual expenses for enforcement of this chapter in the most
3-6 recent municipal audit, a municipality may retain fines in an
3-7 amount not to exceed 110 percent of the amount the comptroller
3-8 estimates would be the municipality's actual expenses for
3-9 enforcement of this chapter during the year.
3-10 (e) In each fiscal year, a county may retain fines from the
3-11 enforcement of this chapter in an amount not to exceed 110 percent
3-12 of the county's actual expenses for enforcement of this chapter in
3-13 the preceding fiscal year, as determined by the comptroller after
3-14 reviewing the most recent county audit conducted under Chapter 115,
3-15 Local Government Code. If there are no actual expenses for
3-16 enforcement of this chapter in the most recent county audit, a
3-17 county may retain fines in an amount not to exceed 110 percent of
3-18 the amount the comptroller estimates would be the county's actual
3-19 expenses for enforcement of this chapter during the year.
3-20 (f) A municipality or county shall send to the comptroller
3-21 the proceeds of all fines that exceed the limit imposed by
3-22 Subsection (d) or (e).
3-23 (g) [(f)] The department shall revoke or rescind the
3-24 certification of any peace [municipal police] officer who fails to
3-25 comply with any standard established under Subsection (a).
3-26 SECTION 3. Section 644.103(b), Transportation Code, is
3-27 amended to read as follows:
4-1 (b) A municipal police officer who is certified under
4-2 Section 644.101 may detain on a highway or at a port of entry
4-3 within the territory of the municipality a motor vehicle that is
4-4 subject to this chapter. A sheriff or deputy sheriff who is
4-5 certified under Section 644.101 may detain on a highway or at a
4-6 port of entry within the territory of the county a motor vehicle
4-7 that is subject to this chapter.
4-8 SECTION 4. This Act takes effect immediately if it receives
4-9 a vote of two-thirds of all the members elected to each house, as
4-10 provided by Section 39, Article III, Texas Constitution. If this
4-11 Act does not receive the vote necessary for immediate effect, this
4-12 Act takes effect September 1, 2001.