Bill Text: TX HB1384 | 2025-2026 | 89th Legislature | Introduced


Bill Title: Relating to the enforcement of certain standards for commercial motor vehicles.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2024-11-18 - Filed [HB1384 Detail]

Download: Texas-2025-HB1384-Introduced.html
 
 
  By: Virdell H.B. No. 1384
 
 
 
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.
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