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A BILL TO BE ENTITLED
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AN ACT
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relating to enforcement of certain vehicle weight and safety |
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requirements by a noncommissioned employee of the Department of |
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Public Safety. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 621.402(c), Transportation Code, is |
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amended to read as follows: |
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(c) A noncommissioned employee of the Department of Public |
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Safety who is certified for the purpose by the public safety |
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director and who is supervised by an officer of the Department of |
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Public Safety may, in a port of entry or at a commercial motor |
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vehicle inspection site [fixed-site facility], weigh a vehicle, |
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require the vehicle to be weighed, or require a vehicle to be driven |
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to the nearest scale under Subsections (a) and (b). |
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SECTION 2. Section 644.103(d), Transportation Code, is |
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amended to read as follows: |
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(d) A noncommissioned employee of the department who is |
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certified for the purpose by the director and who is supervised by |
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an officer of the department may, at a commercial motor vehicle |
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inspection site [fixed-site facility], stop, enter, or detain a |
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motor vehicle that is subject to this chapter. If the employee's |
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inspection shows that an enforcement action, such as the issuance |
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of a citation, is warranted for a violation of this title or a rule |
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adopted under this title, including a federal safety regulation |
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adopted under this chapter, the noncommissioned employee may take |
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enforcement action only if the employee is under the supervision of |
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an officer of the department. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |