| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the enforcement of certain standards for commercial |
|
|
motor vehicles. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Sections 621.402(a) and (c), Transportation |
|
|
Code, are amended to read as follows: |
|
|
(a) A weight enforcement officer who has probable cause |
|
|
[reason] to believe that the single axle weight, tandem axle |
|
|
weight, or gross weight of a loaded motor vehicle is unlawful may: |
|
|
(1) weigh the vehicle using portable or stationary |
|
|
scales furnished or approved by the Department of Public Safety; or |
|
|
(2) require the vehicle to be weighed by a public |
|
|
weigher. |
|
|
(c) A noncommissioned employee of the Department of Public |
|
|
Safety who is certified for the purpose by the public safety |
|
|
director and who is supervised by an officer of the Department of |
|
|
Public Safety may, in a port of entry or at a commercial motor |
|
|
vehicle inspection site, weigh a vehicle, require the vehicle to be |
|
|
weighed, or require a vehicle to be driven to the nearest scale |
|
|
under Subsections (a) and (b) only if the employee has probable |
|
|
cause to believe that the single axle weight, tandem axle weight, or |
|
|
gross weight of a loaded motor vehicle is unlawful. |
|
|
SECTION 2. Section 644.103, Transportation Code, is amended |
|
|
by amending Subsections (a), (b), and (d), and adding Subsection |
|
|
(b-1) to read as follows: |
|
|
(a) An officer of the department may stop, enter, or detain |
|
|
on a highway or at a port of entry a motor vehicle that is subject to |
|
|
this chapter only if the officer has probable cause to believe the |
|
|
vehicle or operator of the vehicle is in violation of this title or |
|
|
a rule adopted under this title, including a federal safety |
|
|
regulation adopted under this chapter. |
|
|
(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 only if the municipal police officer |
|
|
has probable cause to believe the vehicle or operator of the vehicle |
|
|
is in violation of this title or a rule adopted under this title, |
|
|
including a federal safety regulation adopted under this chapter. |
|
|
(b-1) A sheriff or deputy sheriff 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 only if the sheriff or deputy sheriff has |
|
|
probable cause to believe the vehicle or operator of the vehicle is |
|
|
in violation of this title or a rule adopted under this title, |
|
|
including a federal safety regulation adopted under this chapter. |
|
|
(d) A noncommissioned employee of the department who is |
|
|
certified for the purpose by the director and who is supervised by |
|
|
an officer of the department may, at a commercial motor vehicle |
|
|
inspection site, stop, enter, or detain a motor vehicle that is |
|
|
subject to this chapter only if the noncommissioned employee has |
|
|
probable cause to believe the vehicle or operator of the vehicle is |
|
|
in violation of this title or a rule adopted under this title, |
|
|
including a federal safety regulation adopted under this chapter. |
|
|
If the employee's inspection shows that an enforcement action, such |
|
|
as the issuance of a citation, is warranted for a violation of this |
|
|
title or a rule adopted under this title, including a federal safety |
|
|
regulation adopted under this chapter, the noncommissioned |
|
|
employee may take enforcement action only if the employee is under |
|
|
the supervision of an officer of the department. |
|
|
SECTION 3. This Act takes effect September 1, 2025. |