1-1 By: Ogden S.B. No. 888
1-2 (In the Senate - Filed February 23, 2001; February 26, 2001,
1-3 read first time and referred to Committee on State Affairs;
1-4 March 28, 2001, reported favorably, as amended, by the following
1-5 vote: Yeas 8, Nays 1; March 28, 2001, sent to printer.)
1-6 COMMITTEE AMENDMENT NO. 1 By: Armbrister
1-7 Amend S.B. No. 888 as follows:
1-8 (1) On page 1, line 41, after "warranted," strike "the" and
1-9 insert "only a".
1-10 (2) On page 1, line 42, strike "must" and insert "may".
1-11 A BILL TO BE ENTITLED
1-12 AN ACT
1-13 relating to enforcement of motor vehicle weight restrictions.
1-14 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-15 SECTION 1. Section 621.402, Transportation Code, is amended
1-16 by adding Subsection (c) to read as follows:
1-17 (c) A noncommissioned employee of the Department of Public
1-18 Safety who is certified for the purpose by the public safety
1-19 director and who is supervised by an officer of the Department of
1-20 Public Safety may, in a port of entry or at a fixed-site facility,
1-21 weigh a vehicle, require the vehicle to be weighed, or require a
1-22 vehicle to be driven to the nearest scale under Subsections (a) and
1-23 (b).
1-24 SECTION 2. Section 621.408, Transportation Code, is amended
1-25 to read as follows:
1-26 Sec. 621.408. POWERS OF WEIGHT ENFORCEMENT OFFICERS.
1-27 (a) Except for the authority granted to a port-of-entry supervisor
1-28 or inspector by Section 621.409, weight enforcement officers have
1-29 exclusive authority[:]
1-30 [(1)] to enforce this subchapter in any area of this
1-31 state, including all ports of entry [other than in the territory of
1-32 a municipality with a population of more than:]
1-33 [(A) 100,000; or]
1-34 [(B) 74,000 in a county with a population of
1-35 more than 1.5 million; and]
1-36 [(2) to enforce all weight limitations for a vehicle
1-37 on a state-maintained public highway or at a port-of-entry] between
1-38 Texas and the United Mexican States.
1-39 (b) If a noncommissioned employee weighs a vehicle under
1-40 Section 621.402 and determines that an enforcement action, such as
1-41 the issuance of a citation, is warranted, the supervising officer
1-42 must take the action.
1-43 SECTION 3. This Act takes effect September 1, 2001.
1-44 * * * * *