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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the Department of Public Safety to operate |
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one or more southbound vehicle checkpoints near the international |
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border of this state for the purpose of preventing certain criminal |
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offenses. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 411.0095, Government Code, is amended to |
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read as follows: |
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Sec. 411.0095. VEHICLE [THEFT] CHECKPOINTS NEAR |
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TEXAS-MEXICO [AT] BORDER [CROSSING]. (a) The department may |
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establish [a program for the purpose of establishing] border |
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[crossing] checkpoints to prevent the unlawful transfer or movement |
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of firearms, ammunition, bulk currency, trade secrets, [stolen] |
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vehicles, farm tractors or implements, construction equipment, |
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aircraft, or watercraft from this state to [entering] Mexico. |
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(b) A checkpoint may be established under Subsection (a) if |
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the checkpoint is: |
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(1) located within: |
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(A) one mile of a federally designated checkpoint |
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that is located on a road running north to south; or |
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(B) 250 yards of a federally designated border |
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crossing facility located at or near the actual boundary between |
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this state and Mexico; |
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(2) located on a public highway or street leading |
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directly to an international border crossing; |
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(3) designed to stop only traffic bound for Mexico; |
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and |
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(4) operated in such a manner as to stop only firearms, |
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ammunition, bulk currency, trade secrets, vehicles, tractors or |
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implements, equipment, aircraft, or watercraft that [for which] law |
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enforcement authorities have probable cause to believe are being |
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unlawfully transferred or moved from this state to [is stolen and
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bound for] Mexico. |
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(c) The department may establish [the] border checkpoints |
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[crossing checkpoint program] in conjunction with local law |
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enforcement authorities. The department and local law enforcement |
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authorities may share the cost of staffing the checkpoints. |
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(d) The department shall establish procedures governing the |
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encounter between the driver and the peace officers operating the |
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checkpoint that ensure that any intrusion on the driver is |
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minimized and that the inquiries made are reasonably related to the |
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purpose of the checkpoint. A peace officer at the checkpoint may |
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not direct a driver or [a] passenger of [in] a motor vehicle to |
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leave the vehicle or move the vehicle off the roadway or, |
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notwithstanding Section 521.025 or 601.053, Transportation Code, |
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to display a driver's license or provide evidence of financial |
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responsibility unless the officer has reasonable suspicion or |
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probable cause to believe that the person committed or is |
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committing an offense described by Subsection (e). However, a |
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peace officer may require that each motor vehicle passing through |
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the checkpoint be diverted to a location immediately adjacent to |
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the roadway, if desirable, to ensure safety. |
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(e) A peace officer employed by the department may not |
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conduct an inspection of a vehicle under this section unless the |
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officer has reasonable suspicion or probable cause to believe that |
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a driver or passenger of the vehicle has violated Section 31.03, |
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31.05, 31.07, 34.02, 46.06, or 46.14, Penal Code. |
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(f) The director shall adopt rules as necessary to |
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administer this section. |
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(g) In establishing checkpoints under this section, the |
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department shall comply with rules of the Texas Transportation |
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Commission regarding lane closures on a public highway or street. |
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The department shall: |
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(1) place signs and other appropriate devices along |
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each appropriate public highway or street to advise drivers of |
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motor vehicles: |
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(A) that the drivers are approaching a |
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checkpoint; and |
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(B) of the purpose of the checkpoint; and |
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(2) as necessary, demarcate a checkpoint with flares, |
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flags, traffic cones, or other appropriate devices. |
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(h) Not later than January 15 of each calendar year, the |
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department shall submit to the governor, lieutenant governor, and |
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speaker of the house of representatives a report regarding the |
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operation of checkpoints under this section during the preceding |
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calendar year. The report must include: |
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(1) the number of motor vehicles searched at each |
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checkpoint subsequent to a determination that reasonable suspicion |
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or probable cause existed to believe that an offense described by |
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Subsection (e) had been or was being committed; |
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(2) disaggregated by week and month: |
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(A) an estimate of the total number of motor |
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vehicles that passed through each checkpoint; and |
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(B) the average period required for a motor |
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vehicle to pass through each checkpoint; |
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(3) the specific days during the year that the highest |
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and lowest numbers of motor vehicles passed through each |
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checkpoint; and |
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(4) any other information that the department |
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determines to be of public interest. |
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(i) [(e)] In this section: |
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(1) "Motor vehicle" and "vehicle" have the meanings |
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assigned to those terms by Section 541.201, Transportation Code. |
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(2) "Watercraft" has the meaning assigned by Section |
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49.01, Penal Code. |
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SECTION 2. Effective September 1, 2013, Section 411.0095, |
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Government Code, is amended to read as follows: |
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Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER |
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CROSSING. (a) The department may establish a program for the |
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purpose of establishing border crossing checkpoints to prevent |
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stolen vehicles, farm tractors or implements, construction |
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equipment, aircraft, or watercraft from entering Mexico. |
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(b) A checkpoint may be established under Subsection (a) if |
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the checkpoint is: |
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(1) located within 250 yards of a federally designated |
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crossing facility located at or near the actual boundary between |
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this state and Mexico; |
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(2) located on a public highway or street leading |
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directly to an international border crossing; |
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(3) designed to stop only traffic bound for Mexico; |
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and |
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(4) operated in such a manner as to stop only vehicles, |
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tractors or implements, equipment, aircraft, or watercraft for |
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which law enforcement authorities have probable cause to believe is |
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stolen and bound for Mexico. |
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(c) The department may establish the border crossing |
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checkpoint program in conjunction with local law enforcement |
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authorities. The department and local law enforcement authorities |
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may share the cost of staffing the checkpoints. |
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(d) The department shall establish procedures governing the |
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encounter between the driver and the peace officers operating the |
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checkpoint that ensure that any intrusion on the driver is |
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minimized and that the inquiries made are reasonably related to the |
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purpose of the checkpoint. A peace officer at the checkpoint may |
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not direct a driver or a passenger in a motor vehicle to leave the |
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vehicle or move the vehicle off the roadway unless the officer has |
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reasonable suspicion or probable cause to believe that the person |
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committed or is committing an offense. However, a peace officer may |
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require that each motor vehicle passing through the checkpoint be |
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diverted to a location immediately adjacent to the roadway, if |
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desirable, to ensure safety. |
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(e) In this section: |
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(1) "Motor vehicle" and "vehicle" have the meanings |
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assigned to those terms by Section 541.201, Transportation Code. |
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(2) "Watercraft" has the meaning assigned by Section |
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49.01, Penal Code. |
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SECTION 3. Except as otherwise provided by this Act, this |
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Act takes effect September 1, 2011. |