By Moreno of Harris H.B. No. 2058
77R5780 DWS-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to enforcement of commercial motor vehicle safety
1-3 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 LOCAL LAW ENFORCEMENT
1-8 [MUNICIPAL POLICE] OFFICERS. (a) The department shall establish
1-9 procedures, including training, for the certification of local law
1-10 enforcement [municipal police] officers 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 sheriff's deputy of any county is eligible
2-3 to 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 county the cost of
2-6 certifying its law enforcement [police] officers under this
2-7 section.
2-8 SECTION 2. Section 644.102, Transportation Code, is amended
2-9 to read as follows:
2-10 Sec. 644.102. LOCAL [MUNICIPAL] ENFORCEMENT REQUIREMENTS.
2-11 (a) The department by rule shall establish uniform standards for
2-12 [municipal] enforcement of this chapter by a municipality or
2-13 county.
2-14 (b) A municipality or county that engages in enforcement
2-15 under this chapter:
2-16 (1) shall pay all costs relating to the municipality's
2-17 or county's enforcement;
2-18 (2) may not be considered, in the context of a federal
2-19 grant related to this chapter:
2-20 (A) a party to a federal grant agreement; or
2-21 (B) a grantee under a federal grant to the
2-22 department; and
2-23 (3) must comply with the standards established under
2-24 Subsection (a).
2-25 (c) Municipal or county enforcement under Section 644.103(b)
2-26 is not considered departmental enforcement for purposes of
2-27 maintaining levels of effort required by a federal grant.
3-1 (d) In each fiscal year, a municipality or county may retain
3-2 fines from the enforcement of this chapter in an amount not to
3-3 exceed 110 percent of the municipality's or county's actual
3-4 expenses for enforcement of this chapter in the preceding fiscal
3-5 year, as determined by the comptroller after reviewing the most
3-6 recent [municipal] audit conducted under Chapter 103 or 115
3-7 [Section 103.001], Local Government Code, as applicable. If there
3-8 are no actual expenses for enforcement of this chapter in the most
3-9 recent [municipal] audit, a municipality or county may retain fines
3-10 in an amount not to exceed 110 percent of the amount the
3-11 comptroller estimates would be the municipality's or county's
3-12 actual expenses for enforcement of this chapter during 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 local law enforcement [municipal police] officer who fails
3-18 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 local law enforcement [police] officer who is
3-22 certified under Section 644.101 may detain on a highway or at a
3-23 port of entry within the territory of the municipality or county a
3-24 motor vehicle that is subject to this chapter.
3-25 SECTION 4. Section 644.104, Transportation Code, is amended
3-26 by adding Subsection (e) to read as follows:
3-27 (e) A local law enforcement officer who is certified under
4-1 Section 644.101 may enter a motor carrier's premises to inspect
4-2 equipment:
4-3 (1) at a reasonable time;
4-4 (2) after stating the purpose of the inspection; and
4-5 (3) by presenting to the motor carrier appropriate
4-6 credentials.
4-7 SECTION 5. This Act takes effect immediately if it receives
4-8 a vote of two-thirds of all the members elected to each house, as
4-9 provided by Section 39, Article III, Texas Constitution. If this
4-10 Act does not receive the vote necessary for immediate effect, this
4-11 Act takes effect September 1, 2001.