82R23084 SJM-D

By: Pena H.B. No. 48

Substitute the following for H.B. No. 48:

By: Driver C.S.H.B. No. 48

A BILL TO BE ENTITLED

AN ACT

relating to authorizing the Department of Public Safety 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. Section 411.0095, Government Code, is amended to read as follows:

Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR TEXAS-MEXICO [AT] BORDER [CROSSING]. (a) The department may establish [a program for the purpose of establishing] border [crossing] checkpoints to prevent the unlawful transfer or movement of firearms, ammunition, bulk currency, trade secrets, [stolen] vehicles, farm tractors or implements, construction equipment, aircraft, or watercraft from this state to [entering] Mexico.

(b) A checkpoint may be established under Subsection (a) if the checkpoint is:

(1) located within:

(A) one mile of a federally designated checkpoint that is located on a road running north to south; or

(B) 250 yards of a federally designated border 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 firearms, ammunition, bulk currency, trade secrets, vehicles, tractors or implements, equipment, aircraft, or watercraft that [for which] law enforcement authorities have probable cause to believe are being unlawfully transferred or moved from this state to [is stolen and bound for] Mexico.

(c) The department may establish [the] border checkpoints [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 of [in] a motor vehicle to leave the vehicle or move the vehicle off the roadway or, notwithstanding Section 521.025 or 601.053, Transportation Code, to display a driver's license or provide evidence of financial responsibility unless the officer has reasonable suspicion or probable cause to believe that the person committed or is committing an offense described by Subsection (e). 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) A peace officer employed by the department may not conduct an inspection of a vehicle under this section unless the officer has reasonable suspicion or probable cause to believe that a driver or passenger of the vehicle has violated Section 31.03, 31.05, 31.07, 34.02, 46.06, or 46.14, Penal Code.

(f) The director shall adopt rules as necessary to administer this section.

(g) In establishing checkpoints under this section, the department shall comply with rules of the Texas Transportation Commission regarding lane closures on a public highway or street. The department shall:

(1) place signs and other appropriate devices along each appropriate public highway or street to advise drivers of motor vehicles:

(A) that the drivers are approaching a checkpoint; and

(B) of the purpose of the checkpoint; and

(2) as necessary, demarcate a checkpoint with flares, flags, traffic cones, or other appropriate devices.

(h) Not later than January 15 of each calendar year, the department shall submit to the governor, lieutenant governor, and speaker of the house of representatives a report regarding the operation of checkpoints under this section during the preceding calendar year. The report must include:

(1) the number of motor vehicles searched at each checkpoint subsequent to a determination that reasonable suspicion or probable cause existed to believe that an offense described by Subsection (e) had been or was being committed;

(2) disaggregated by week and month:

(A) an estimate of the total number of motor vehicles that passed through each checkpoint; and

(B) the average period required for a motor vehicle to pass through each checkpoint;

(3) the specific days during the year that the highest and lowest numbers of motor vehicles passed through each checkpoint; and

(4) any other information that the department determines to be of public interest.

(i) [(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 2. Effective September 1, 2013, Section 411.0095, Government Code, is amended 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 3. Except as otherwise provided by this Act, this Act takes effect September 1, 2011.