86R13757 JXC-D
	By: Phelan	H.B. No. 4064

	A BILL TO BE ENTITLED
	AN ACT
	relating to the enforcement of commercial motor vehicle safety
	standards in certain municipalities and counties.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 644.101(b), Transportation Code, as
	amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324 (S.B.
	1488), Acts of the 85th Legislature, Regular Session, 2017, is
	reenacted and amended to read as follows:
	(b)  A police officer of any of the following municipalities
	is eligible to apply for certification under this section:
	(1)  a municipality with a population of 50,000 or
	more;
	(2)  a municipality with a population of 25,000 or more
	any part of which is located in a county with a population of
	500,000 or more;
	(3)  a municipality with a population of less than
	25,000:
	(A)  any part of which is located in a county with
	a population of 3.3 million; and
	(B)  that contains or is adjacent to an
	international port;
	(4)  a municipality with a population of at least
	34,000 that is located in a county that borders two or more states;
	(5)  a municipality any part of which is located in a
	county bordering the United Mexican States;
	(6)  a municipality with a population of less than
	5,000 that is located:
	(A)  adjacent to a bay connected to the Gulf of
	Mexico; and
	(B)  in a county adjacent to a county with a
	population greater than 3.3 million;
	(7)  a municipality that is located:
	(A)  within 25 miles of an international port; and
	(B)  in a county that does not contain a highway
	that is part of the national system of interstate and defense
	highways and is adjacent to a county with a population greater than
	3.3 million;
	(8)  a municipality with a population of less than
	8,500 that:
	(A)  is the county seat; and
	(B)  contains a highway that is part of the
	national system of interstate and defense highways;
	(9)  a municipality located in a county with a
	population between 60,000 and 66,000 adjacent to a bay connected to
	the Gulf of Mexico;
	(10)  a municipality with a population of more than
	40,000 and less than 50,000 that is located in a county with a
	population of more than 285,000 and less than 300,000 that borders
	the Gulf of Mexico; [or]
	(11)  a municipality with a population between 18,000
	and 18,500 that is located entirely in a county that:
	(A)  has a population of less than 200,000;
	(B)  is adjacent to two counties that each have a
	population of more than 1.2 million; and
	(C)  contains two highways that are part of the
	national system of interstate and defense highways;
	(12) [(11)]  a municipality with a population of more
	than 3,000 and less than 10,000 that:
	(A)  contains a highway that is part of the
	national system of interstate and defense highways; and
	(B)  is located in a county with a population
	between 150,000 and 155,000; or
	(13)  a municipality located in a county described by
	Subsection (c)(3).
	SECTION 2.  Section 644.101(c), Transportation Code, is
	amended to read as follows:
	(c)  A sheriff or a deputy sheriff of any of the following
	counties [a county bordering the United Mexican States or of a
	county with a population of 700,000 or more] is eligible to apply
	for certification under this section:
	(1)  a county bordering the United Mexican States;
	(2)  a county with a population of 700,000 or more; or
	(3)  a county with a population of less than 100,000
	that borders the State of Louisiana and the Gulf Intracoastal
	Waterway.
	SECTION 3.  Sections 644.102(f) and (f-1), Transportation
	Code, are amended to read as follows:
	(f)  A municipality or county shall send to the comptroller
	the proceeds of all fines that exceed the limit imposed by
	Subsection (d) or (e). The comptroller shall then deposit the
	remaining funds to the credit of:
	(1)  the state highway fund if collected in a county
	described by Section 644.101(c)(3); or
	(2)  the Texas Department of Transportation if
	collected in another county.
	(f-1)  A municipality or county that retains a fine from the
	enforcement of this chapter shall annually file with the
	comptroller a report that details the amount of fines retained from
	the enforcement of this chapter and the actual expenses claimed by
	the municipality or county for the enforcement of this chapter
	during the previous fiscal year. A municipality or county that
	fails to file a report as required by this subsection shall send an
	amount equal to the amount retained by the municipality or county in
	the fiscal year the report would cover to the comptroller for
	deposit to the credit of:
	(1)  the state highway fund if collected in a county
	described by Section 644.101(c)(3); or
	(2)  the Texas Department of Transportation if
	collected in another county [an amount equal to the amount retained
	by the municipality or county in the fiscal year the report would
	cover].
	SECTION 4.  The changes in law made by this Act apply only to
	a fine collected on or after the effective date of this Act.
	SECTION 5.  To the extent of any conflict, this Act prevails
	over another Act of the 86th Legislature, Regular Session, 2019,
	relating to nonsubstantive additions to and corrections in enacted
	codes.
	SECTION 6.  This Act takes effect September 1, 2019.