By: Carona  S.B. No. 330
         (In the Senate - Filed January 26, 2007; February 14, 2007,
  read first time and referred to Committee on Transportation and
  Homeland Security; February 26, 2007, reported favorably by the
  following vote:  Yeas 8, Nays 0; February 26, 2007, sent to
  printer.)
 
 
A BILL TO BE ENTITLED
 
AN ACT
 
  relating to enforcement of certain vehicle weight and safety
  requirements by a noncommissioned employee of the Department of
  Public Safety of the State of Texas.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subsection (c), Section 621.402, Transportation
  Code, is amended to read as follows:
         (c)  A noncommissioned employee of the Department of Public
  Safety who is certified for the purpose by the public safety
  director and who is supervised by an officer of the Department of
  Public Safety may, in a port of entry or at a commercial motor
  vehicle inspection site [fixed-site facility], weigh a vehicle,
  require the vehicle to be weighed, or require a vehicle to be driven
  to the nearest scale under Subsections (a) and (b).
         SECTION 2.  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 commercial motor vehicle
  inspection site [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 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2007.
 
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