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.