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  By: Lucio S.B. No. 43
 
 
 
   
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to authorizing the Department of Public Safety of the
  State of Texas to operate one or more southbound vehicle
  checkpoints near the international border of this state for the
  purpose of preventing certain criminal offenses.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Section 411.0095, Government
  Code, is amended to read as follows:
         Sec. 411.0095.  VEHICLE [THEFT] CHECKPOINTS NEAR
  TEXAS-MEXICO [AT] BORDER [CROSSING].
         SECTION 2.  Sections 411.0095(a) through (d), Government
  Code, are amended to read as follows:
         (a)  The department may establish [a program for the purpose
  of establishing] border [crossing] checkpoints to prevent the
  unlawful possession or unlawful and imminent movement or transfer
  from this state to Mexico of:
               (1)  firearms, in violation of Section 46.14, Penal
  Code;
               (2)  controlled substances, in violation of Chapter
  481, Health and Safety Code;
               (3)  currency, in violation of Section 34.02, Penal
  Code; or
               (4)  stolen vehicles, farm tractors or implements,
  construction equipment, aircraft, or watercraft, in violation of
  Section 31.03, Penal Code [from entering Mexico].
         (b)  A checkpoint may be established under Subsection (a) if
  the checkpoint is:
               (1)  located within 250 yards of a federally designated
  crossing facility located at or near the actual boundary between
  this state and Mexico;
               (2)  located on a public highway or street leading
  directly to an international border crossing;
               (3)  designed to stop only traffic bound for Mexico;
  and
               (4)  operated in such a manner as to prevent firearms,
  controlled substances, currency, [stop only] vehicles, tractors or
  implements, equipment, aircraft, or watercraft that [for which] law
  enforcement authorities have probable cause to believe are
  unlawfully possessed or being unlawfully and imminently
  transferred or moved from this state to [is stolen and bound for]
  Mexico from being possessed or transferred or moved to Mexico.
         (c)  The department may establish [the] border checkpoints 
  [crossing checkpoint program] in conjunction with federal and local
  law enforcement authorities. The department and federal and local
  law enforcement authorities may share the cost of staffing the
  checkpoints.
         (d)  The department shall establish procedures governing the
  encounter between the driver and the peace officers operating the
  checkpoint that ensure that any intrusion on the driver is
  minimized and that the inquiries made are reasonably related to the
  purpose of the checkpoint. [A peace officer at the checkpoint may
  not direct a driver or a passenger in a motor vehicle to leave the
  vehicle or move the vehicle off the roadway unless the officer has
  reasonable suspicion or probable cause to believe that the person
  committed or is committing an offense. However, a peace officer may
  require that each motor vehicle passing through the checkpoint be
  diverted to a location immediately adjacent to the roadway, if
  desirable, to ensure safety.]
         SECTION 3.  Effective September 1, 2015, Section 411.0095,
  Government Code, is reenacted to read as follows:
         Sec. 411.0095.  VEHICLE THEFT CHECKPOINTS AT BORDER
  CROSSING.  (a)  The department may establish a program for the
  purpose of establishing border crossing checkpoints to prevent
  stolen vehicles, farm tractors or implements, construction
  equipment, aircraft, or watercraft from entering Mexico.
         (b)  A checkpoint may be established under Subsection (a) if
  the checkpoint is:
               (1)  located within 250 yards of a federally designated
  crossing facility located at or near the actual boundary between
  this state and Mexico;
               (2)  located on a public highway or street leading
  directly to an international border crossing;
               (3)  designed to stop only traffic bound for Mexico;
  and
               (4)  operated in such a manner as to stop only vehicles,
  tractors or implements, equipment, aircraft, or watercraft for
  which law enforcement authorities have probable cause to believe is
  stolen and bound for Mexico.
         (c)  The department may establish the border crossing
  checkpoint program in conjunction with local law enforcement
  authorities.  The department and local law enforcement authorities
  may share the cost of staffing the checkpoints.
         (d)  The department shall establish procedures governing the
  encounter between the driver and the peace officers operating the
  checkpoint that ensure that any intrusion on the driver is
  minimized and that the inquiries made are reasonably related to the
  purpose of the checkpoint.  A peace officer at the checkpoint may
  not direct a driver or a passenger in a motor vehicle to leave the
  vehicle or move the vehicle off the roadway unless the officer has
  reasonable suspicion or probable cause to believe that the person
  committed or is committing an offense.  However, a peace officer may
  require that each motor vehicle passing through the checkpoint be
  diverted to a location immediately adjacent to the roadway, if
  desirable, to ensure safety.
         (e)  In this section:
               (1)  "Motor vehicle" and "vehicle" have the meanings
  assigned to those terms by Section 541.201, Transportation Code.
               (2)  "Watercraft" has the meaning assigned by Section
  49.01, Penal Code.
         SECTION 4.  Except as otherwise provided by this Act, 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 on the
  91st day after the last day of the legislative session.