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                                  * * * * *