Bill Text: TX HB2607 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to checkpoints established by the Department of Public Safety at roadways entering this state from New Mexico or Oklahoma.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2019-04-17 - Left pending in committee [HB2607 Detail]
Download: Texas-2019-HB2607-Introduced.html
| 86R12181 ADM-D | ||
| By: King of Hemphill | H.B. No. 2607 | |
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| relating to checkpoints established by the Department of Public | ||
| Safety at roadways entering this state from New Mexico or Oklahoma. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 411, Government Code, is | ||
| amended by adding Section 411.00951 to read as follows: | ||
| Sec. 411.00951. CHECKPOINTS AT ENTRY POINTS FROM NEW MEXICO | ||
| OR OKLAHOMA. (a) The department shall establish a program for the | ||
| purpose of establishing state border crossing checkpoints to | ||
| prevent controlled substances from entering this state and for the | ||
| prevention and detection of other criminal offenses. | ||
| (b) A checkpoint shall be established under Subsection (a) | ||
| at each point located on a public highway or street leading directly | ||
| to a border between this state and New Mexico or Oklahoma. | ||
| (c) A checkpoint established under Subsection (a) shall be | ||
| operated in a manner as to only stop a motor vehicle: | ||
| (1) that is entering this state; and | ||
| (2) if law enforcement has probable cause to believe a | ||
| driver or passenger of the vehicle is bringing a controlled | ||
| substance into this state or has committed another criminal | ||
| offense. | ||
| (d) The department may establish the state border crossing | ||
| checkpoint program in conjunction with local law enforcement | ||
| authorities. The department and local law enforcement authorities | ||
| may share the cost of staffing the checkpoints. | ||
| (e) The department shall establish procedures governing the | ||
| encounter between the driver and the peace officers operating the | ||
| checkpoint that ensure that any intrusion on the driver is | ||
| minimized and that the inquiries made are reasonably related to the | ||
| purpose of the checkpoint. A peace officer at the checkpoint may | ||
| not direct a driver or a passenger in a motor vehicle to leave the | ||
| vehicle or move the vehicle off the roadway unless the officer has | ||
| reasonable suspicion or probable cause to believe that the person | ||
| committed or is committing an offense, including an offense | ||
| relating to the possession of a controlled substance. However, a | ||
| peace officer may require that each motor vehicle passing through | ||
| the checkpoint be diverted to a location immediately adjacent to | ||
| the roadway, if desirable, to ensure safety. | ||
| (f) In this section: | ||
| (1) "Controlled substance" has the meaning assigned by | ||
| Section 481.002, Health and Safety Code. | ||
| (2) "Motor vehicle" has the meaning assigned by | ||
| Section 541.201, Transportation Code. | ||
| SECTION 2. This Act takes effect September 1, 2019. | ||
