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A BILL TO BE ENTITLED
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AN ACT
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relating to the enforcement of commercial motor vehicle safety |
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standards in certain counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 644.101, Transportation Code, is amended |
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by amending Subsection (a) and adding Subsection (c-1) to read as |
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follows: |
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(a) The department shall establish procedures, including |
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training, for the certification of municipal police officers, |
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sheriffs, [and] deputy sheriffs, constables, and deputy constables |
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to enforce this chapter. |
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(c-1) A constable or deputy constable of a county described |
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by this subsection is eligible to apply for certification under |
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this section. This subsection applies only to a constable or deputy |
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constable of a county: |
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(1) that is adjacent to a county with a population of |
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3.3 million or more; and |
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(2) in which a planned community is located that has |
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20,000 or more acres of land, that was originally established under |
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the Urban Growth and New Community Development Act of 1970 (42 |
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U.S.C. Section 4501 et seq.), and that is subject to restrictive |
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covenants containing ad valorem or annual variable budget based |
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assessments on real property. |
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SECTION 2. Section 644.101(c), Transportation Code, as |
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amended by Chapters 169 (H.B. 917) and 478 (H.B. 511), Acts of the |
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86th Legislature, Regular Session, 2019, is reenacted and amended |
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to read as follows: |
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(c) A sheriff or a deputy sheriff of any of the following |
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counties is eligible to apply for certification under this section: |
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(1) a county bordering the United Mexican States; |
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(2) a county with a population of less than 1,000, part |
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of which is located within 75 miles of an international border; [or] |
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(3) [(2)] a county with a population of 700,000 or |
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more; [or] |
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(4) [(3)] a county with a population of 400,000 or |
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more that borders the county in which the State Capitol is located; |
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or |
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(5) a county described by Subsection (c-1). |
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SECTION 3. Section 644.103(b), Transportation Code, is |
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amended to read as follows: |
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(b) A municipal police officer who is certified under |
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Section 644.101 may stop, enter, or detain on a highway or at a port |
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of entry within the territory of the municipality a motor vehicle |
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that is subject to this chapter. A sheriff, [or] deputy sheriff, |
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constable, or deputy constable who is certified under Section |
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644.101 may stop, enter, or detain on a highway or at a port of entry |
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within the territory of the county a motor vehicle that is subject |
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to this chapter. |
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SECTION 4. 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, 2023. |