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79R2391 JTS-D

By:  Staples                                                      S.B. No. 619



A BILL TO BE ENTITLED

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.  Section 621.408(b), 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 3.  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 4.  Section 644.103(d), 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 5.  This Act takes effect September 1, 2005.