By Shapleigh S.B. No. 205
77R3018 JMG-D
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to authorizing additional police officers to enforce
1-3 commercial vehicle safety regulations.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Sections 644.101 and 644.102, Transportation Code,
1-6 are amended to read as follows:
1-7 Sec. 644.101. CERTIFICATION OF [MUNICIPAL] POLICE OFFICERS.
1-8 (a) The department shall establish procedures, including uniform
1-9 training, for the certification of [municipal] police officers to
1-10 enforce this chapter.
1-11 (b) A police officer of any municipality or county [of the
1-12 following municipalities] is eligible to apply for certification
1-13 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 or county the cost of
2-5 certifying its police officers under this section.
2-6 Sec. 644.102. [MUNICIPAL] ENFORCEMENT REQUIREMENTS. (a) The
2-7 department by rule shall establish uniform standards for
2-8 [municipal] enforcement of this chapter.
2-9 (b) A municipality or county that engages in enforcement
2-10 under this chapter:
2-11 (1) shall pay all costs relating to the
2-12 [municipality's] enforcement;
2-13 (2) may not be considered, in the context of a federal
2-14 grant related to this chapter:
2-15 (A) a party to a federal grant agreement; or
2-16 (B) a grantee under a federal grant to the
2-17 department; and
2-18 (3) must comply with the standards established under
2-19 Subsection (a).
2-20 (c) Enforcement [Municipal enforcement] under Section
2-21 644.103(b) is not considered departmental enforcement for purposes
2-22 of maintaining levels of effort required by a federal grant.
2-23 (d) In each fiscal year, a municipality or county may retain
2-24 fines from the enforcement of this chapter in an amount not to
2-25 exceed 110 percent of the municipality's or county's actual
2-26 expenses for enforcement of this chapter in the preceding fiscal
2-27 year, as determined by the comptroller after reviewing the most
3-1 recent municipal audit conducted under Section 103.001, Local
3-2 Government Code, or the most recent county audit conducted under
3-3 Chapter 115, Local Government Code. If there are no actual expenses
3-4 for enforcement of this chapter in the most recent [municipal]
3-5 audit, a municipality or county may retain fines in an amount not
3-6 to exceed 110 percent of the amount the comptroller estimates would
3-7 be the municipality's or county's actual expenses for enforcement
3-8 of this chapter during the year.
3-9 (e) A municipality or county shall send to the comptroller
3-10 the proceeds of all fines that exceed the limit imposed by
3-11 Subsection (d).
3-12 (f) The department shall revoke or rescind the certification
3-13 of any [municipal] police officer who fails to comply with any
3-14 standard established under Subsection (a).
3-15 SECTION 2. Section 644.103(b), Transportation Code, is
3-16 amended to read as follows:
3-17 (b) A police officer who is certified under Section 644.101
3-18 may detain on a highway or at a port of entry within the territory
3-19 of the municipality or county that employs the officer a motor
3-20 vehicle that is subject to this chapter.
3-21 SECTION 3. This Act takes effect immediately if it receives
3-22 a vote of two-thirds of all the members elected to each house, as
3-23 provided by Section 39, Article III, Texas Constitution. If this
3-24 Act does not receive the vote necessary for immediate effect, this
3-25 Act takes effect September 1, 2001.