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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 of the |
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State of Texas to investigate the feasibility of and cooperate in |
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the establishment of southbound checkpoints along the |
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international border of this state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0208 to read as follows: |
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Sec. 411.0208. INTERNATIONAL BORDER CHECKPOINTS. (a) To |
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prevent the unlawful transfer of firearms and bulk currency from |
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this state to the United Mexican States, the department shall |
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investigate the feasibility of assisting federal authorities in |
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establishing checkpoints along the international border of this |
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state for the purpose of conducting inspections of vehicles leaving |
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this state and entering the United Mexican States. If the |
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department determines that assistance to be feasible, the |
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department shall cooperate with appropriate federal agencies to set |
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up the checkpoints. |
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(b) A checkpoint described by Subsection (a) must be: |
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(1) located at or within 250 yards of a federally |
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designated crossing facility located at or near the actual boundary |
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between this state and the United Mexican States; |
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(2) located on a public highway or street leading |
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directly to an international border crossing; and |
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(3) designed to stop only traffic leaving this state |
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and entering the United Mexican States. |
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(c) 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 passenger in the vehicle has violated Section 34.02 or 46.14, |
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Penal Code, or 18 U.S.C. Section 554, 18 U.S.C. Section 922, 18 |
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U.S.C. Section 1956, or 31 U.S.C. Section 5332. |
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(d) The department and local law enforcement authorities |
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may share with the federal government the cost of staffing any |
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checkpoints established as described by this section. |
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(e) 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. |
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(f) If necessary to implement this section, the attorney |
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general, subject to approval by the governor, shall enter into an |
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agreement under 8 U.S.C. Section 1357(g) with the United States |
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Office of the Attorney General or other appropriate federal agency. |
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(g) An agreement entered into under Subsection (f) must be |
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signed on behalf of this state by the attorney general of this state |
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and the governor of this state and as otherwise required by the |
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appropriate federal agency. |
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(h) A law enforcement agency may enter into an agreement |
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with a corporation or other private entity to provide goods or |
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services for the establishment and operation of a checkpoint or the |
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performance of inspections under this section. |
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(i) The director shall adopt rules as necessary to |
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administer this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |