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.