BILL ANALYSIS
By: Eissler
Committee Report (Substituted)
BACKGROUND AND PURPOSE
The proximity of certain counties to others and the resulting high volume of large truck traffic necessitates additional weight enforcement officers to enforce all license and weight laws. The purpose of C.S.H.B. 602 is to expand the definition of a weight enforcement officer to include a constable or deputy constable designated under Section 621.4015, Transportation Code. Section 621.4015 is therefore amended to provide for a county commissioners court's designation of a constable or deputy constable of the county as a weight enforcement officer, if certain criteria are satisfied.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
SECTION 1. Amends Section 621.401, Transportation Code, by adding to the definition of a weight enforcement officer, a constable or deputy constable designated under Section 621.4015.
SECTION 2. Amends Subchapter F, Chapter 621, Transportation Code, by adding Section 621.4015 which authorizes the commissioners court to designate a constable or deputy constable of the county as a weight enforcement officer in a county that is adjacent to a county with a population of 3.3 million or more; and in which a planned community is located that has 20,000 or more acres of land, that was originally established under the Urban Growth and New Community Development Act of 1970, and that is subject to restrictive covenants containing ad valorem or annual variable budget based assessments on real property.
SECTION 3. Effective Date
EFFECTIVE DATE
Upon passage, or, if the act does not receive the necessary vote, the Act takes effect September 1, 2005.
COMPARISON OF ORIGINAL TO SUBSTITUTE
The substitute differs from the original bill, in that it requires that a county be adjacent to a county with a population of 3.3 million or more; and have a planned community that has 20,000 or more acres of land, that was originally established under the Urban Growth and New Community Development Act of 1970, and that is subject to restrictive covenants containing ad valorem or annual variable budget based assessments on real property in order for a county commissioners court to designate a constable or deputy constable of the county as a weight enforcement officer under Section 621.4015, Transportation Code.