By: Toth H.B. No. 1096
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the enforcement of commercial motor vehicle safety
  standards in certain counties.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 644.101, Transportation Code, is amended
  by amending Subsection (a) and adding Subsection (c-1) to read as
  follows:
         (a)  The department shall establish procedures, including
  training, for the certification of municipal police officers,
  sheriffs, [and] deputy sheriffs, constables, and deputy constables
  to enforce this chapter.
         (c-1)  A constable or deputy constable of a county described
  by this subsection is eligible to apply for certification under
  this section. This subsection applies only to a constable or deputy
  constable of a county:
               (1)  that is adjacent to a county with a population of
  3.3 million or more; and
               (2)  in which a planned community is located that has
  20,000 or more acres of land, that was originally established under
  the Urban Growth and New Community Development Act of 1970 (42
  U.S.C. Section 4501 et seq.), and that is subject to restrictive
  covenants containing ad valorem or annual variable budget based
  assessments on real property.
         SECTION 2.  Section 644.101(c), Transportation Code, as
  amended by Chapters 169 (H.B. 917) and 478 (H.B. 511), Acts of the
  86th Legislature, Regular Session, 2019, is reenacted and amended
  to read as follows:
         (c)  A sheriff or a deputy sheriff of any of the following
  counties is eligible to apply for certification under this section:
               (1)  a county bordering the United Mexican States;
               (2)  a county with a population of less than 1,000, part
  of which is located within 75 miles of an international border; [or]
               (3) [(2)]  a county with a population of 700,000 or
  more; [or]
               (4) [(3)]  a county with a population of 400,000 or
  more that borders the county in which the State Capitol is located;
  or
               (5)  a county described by Subsection (c-1).
         SECTION 3.  Section 644.103(b), Transportation Code, is
  amended to read as follows:
         (b)  A municipal police officer who is certified under
  Section 644.101 may stop, enter, or detain on a highway or at a port
  of entry within the territory of the municipality a motor vehicle
  that is subject to this chapter.  A sheriff, [or] deputy sheriff,
  constable, or deputy constable who is certified under Section
  644.101 may stop, enter, or detain on a highway or at a port of entry
  within the territory of the county a motor vehicle that is subject
  to this chapter.
         SECTION 4.  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, 2023.