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.