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                                                                  S.B. No. 619




AN ACT

relating to the enforcement of certain standards for commercial 
motor vehicles.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 621.001, Transportation Code, is amended 
by adding Subdivision (12) to read as follows:
		(12)  "Port of entry" means a place designated by 
executive order of the president of the United States, by order of 
the United States secretary of the treasury, or by act of the United 
States Congress at which a customs officer is authorized to accept 
entries of merchandise, collect duties, and enforce customs and 
navigation laws.  The term includes a publicly owned or privately 
owned international port of entry between this state and the United 
Mexican States.
	SECTION 2.  Subsection (c), Section 621.101, Transportation 
Code, is amended to read as follows:
	(c)  This section does not:                                                    
		(1)  authorize size or weight limits on the national 
system of interstate and defense highways in this state greater 
than those permitted under 23 U.S.C. Section 127, as amended; [or]
		(2)  prohibit the operation of a vehicle or combination 
of vehicles that could be lawfully operated on a highway or road of 
this state on December 16, 1974; or
		(3)  apply to a vehicle or combination of vehicles that 
operates exclusively:
			(A)  at a private port of entry;                                      
			(B)  on private roads associated with the port of 
entry; and        
			(C)  across a public highway between private roads 
associated with the port of entry under a contract under Section 
623.052.
	SECTION 3.  Subsection (b), Section 621.408, Transportation 
Code, is amended to read as follows:
	(b)  If a noncommissioned employee weighs a vehicle under 
Section 621.402 and determines that an enforcement action, such as 
the issuance of a citation, is warranted, the employee may take 
enforcement action only if the employee is under the supervision of 
an officer of the Department of Public Safety [only a supervising 
officer may take the action].
	SECTION 4.  Section 644.001, Transportation Code, is amended 
by adding Subdivision (7) to read as follows:
		(7)  "Port of entry" has the meaning assigned by 
Section 621.001.    
	SECTION 5.  Subsection (d), Section 644.103, Transportation 
Code, is amended to read as follows:
	(d)  A noncommissioned employee of the department who is 
certified for the purpose by the director and who is supervised by 
an officer of the department may, at a fixed-site facility, stop, 
enter, or detain a motor vehicle that is subject to this chapter.  
If the employee's inspection shows that an enforcement action, such 
as the issuance of a citation, is warranted for a violation of this 
title or a rule adopted under this title, including a federal safety 
regulation adopted under this chapter, the noncommissioned 
employee may take enforcement action only if the employee is under 
the supervision of an officer of the department.
	SECTION 6.  This Act takes effect September 1, 2005.                           





______________________________    ______________________________
President of the Senate             Speaker of the House
	I hereby certify that S.B. No. 619 passed the Senate on 
April 14, 2005, by the following vote:  Yeas 31, Nays 0.




______________________________ 
   Secretary of the Senate             
	I hereby certify that S.B. No. 619 passed the House on 
May 20, 2005, by a non-record vote.




______________________________ 
   Chief Clerk of the House            



Approved:


______________________________ 
            Date



______________________________ 
          Governor