82R3272 SJM-D
  By: Hinojosa S.B. No. 294
  relating to authorizing the Department of Public Safety of the
  State of Texas and the Texas Alcoholic Beverage Commission to
  investigate the feasibility of and cooperate in the establishment
  of southbound checkpoints along the international border of this
         SECTION 1.  Subchapter A, Chapter 411, Government Code, is
  amended by adding Section 411.0208 to read as follows:
         Sec. 411.0208.  INTERNATIONAL BORDER CHECKPOINTS. (a) To
  prevent the unlawful transfer of firearms, bulk currency, drugs and
  drug paraphernalia, and other contraband from this state to the
  United Mexican States, the department and the Texas Alcoholic
  Beverage Commission jointly shall investigate the feasibility of
  assisting federal authorities in establishing permanent or
  temporary checkpoints along the international border of this state
  for the purpose of conducting inspections of vehicles leaving this
  state and entering the United Mexican States. If the department
  determines that assistance to be feasible, the department shall
  cooperate with appropriate federal agencies to set up the
         (b)  A checkpoint described by Subsection (a) must be:
               (1)  located at or within one mile of the international
  border of this state; and
               (2)  designed to stop only traffic leaving this state
  and entering the United Mexican States.
         (c)  The department and local law enforcement authorities
  may share with the federal government the cost of staffing any
  checkpoints established as described by this section.
         (d)  The department shall establish procedures to govern the
  specific locations of the checkpoints and to ensure that, in the
  absence of reasonable suspicion or probable cause, any inquiries
  directed toward a driver or occupant of a vehicle at a checkpoint
               (1)  reasonably related to the purpose of the
               (2)  made with minimal intrusion on the driver or
  occupant of the vehicle; and
               (3)  made in a consistent and indiscriminate manner
  with respect to all vehicles entering the checkpoint.
         (e)  If necessary to implement this section, the attorney
  general, subject to approval by the governor, shall enter into an
  agreement under 8 U.S.C. Section 1357(g) with the United States
  Office of the Attorney General or other appropriate federal agency.
         (f)  An agreement entered into under Subsection (e) must be
  signed on behalf of this state by the attorney general of this state
  and the governor of this state and as otherwise required by the
  appropriate federal agency.
         (g)  A law enforcement agency may enter into an agreement
  with a corporation or other private entity to provide goods or
  services for the establishment and operation of a checkpoint or the
  performance of inspections under this section.
         (h)  The director shall adopt rules as necessary to
  administer this section.
         SECTION 2.  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 September 1, 2011.