Bill Text: TX HB84 | 2011 | 82nd Legislature 1st Special | Introduced
Bill Title: Relating to authorizing the Department of Public Safety of the State of Texas to operate one or more southbound vehicle checkpoints near the international border of this state for the purpose of preventing certain criminal offenses.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2011-06-27 - Filed [HB84 Detail]
Download: Texas-2011-HB84-Introduced.html
| 82S11270 SJM-F | ||
| By: Miller of Erath | H.B. No. 84 | |
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| relating to authorizing the Department of Public Safety of the | ||
| State of Texas to operate one or more southbound vehicle | ||
| checkpoints near the international border of this state for the | ||
| purpose of preventing certain criminal offenses. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Section 411.0095, Government | ||
| Code, is amended to read as follows: | ||
| Sec. 411.0095. VEHICLE [ |
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| TEXAS-MEXICO [ |
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| SECTION 2. Sections 411.0095(a), (b), (c), and (d), | ||
| Government Code, are amended to read as follows: | ||
| (a) The department may establish [ |
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| unlawful possession or unlawful and imminent movement or transfer | ||
| from this state to Mexico of: | ||
| (1) firearms, in violation of Section 46.14, Penal | ||
| Code; | ||
| (2) controlled substances, in violation of Chapter | ||
| 481, Health and Safety Code; | ||
| (3) currency, in violation of Section 34.02, Penal | ||
| Code; or | ||
| (4) stolen vehicles, farm tractors or implements, | ||
| construction equipment, aircraft, or watercraft, in violation of | ||
| Section 31.03, Penal Code [ |
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| (b) A checkpoint may be established under Subsection (a) if | ||
| the checkpoint is: | ||
| (1) located within 250 yards of a federally designated | ||
| crossing facility located at or near the actual boundary between | ||
| this state and Mexico; | ||
| (2) located on a public highway or street leading | ||
| directly to an international border crossing; | ||
| (3) designed to stop only traffic bound for Mexico; | ||
| and | ||
| (4) operated in such a manner as to prevent firearms, | ||
| controlled substances, currency, [ |
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| implements, equipment, aircraft, or watercraft that [ |
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| enforcement authorities have probable cause to believe are | ||
| unlawfully possessed or being unlawfully and imminently | ||
| transferred or moved from this state to [ |
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| Mexico from being possessed or transferred or moved to Mexico. | ||
| (c) The department may establish [ |
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| [ |
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| law enforcement authorities. The department and federal and local | ||
| law enforcement authorities may share the cost of staffing the | ||
| checkpoints. | ||
| (d) 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. [ |
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| SECTION 3. Effective September 1, 2015, Section 411.0095, | ||
| Government Code, is amended to read as follows: | ||
| Sec. 411.0095. VEHICLE THEFT CHECKPOINTS AT BORDER | ||
| CROSSING. (a) The department may establish a program for the | ||
| purpose of establishing border crossing checkpoints to prevent | ||
| stolen vehicles, farm tractors or implements, construction | ||
| equipment, aircraft, or watercraft from entering Mexico. | ||
| (b) A checkpoint may be established under Subsection (a) if | ||
| the checkpoint is: | ||
| (1) located within 250 yards of a federally designated | ||
| crossing facility located at or near the actual boundary between | ||
| this state and Mexico; | ||
| (2) located on a public highway or street leading | ||
| directly to an international border crossing; | ||
| (3) designed to stop only traffic bound for Mexico; | ||
| and | ||
| (4) operated in such a manner as to stop only vehicles, | ||
| tractors or implements, equipment, aircraft, or watercraft for | ||
| which law enforcement authorities have probable cause to believe is | ||
| stolen and bound for Mexico. | ||
| (c) The department may establish the 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. | ||
| (d) 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. 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. | ||
| (e) In this section: | ||
| (1) "Motor vehicle" and "vehicle" have the meanings | ||
| assigned to those terms by Section 541.201, Transportation Code. | ||
| (2) "Watercraft" has the meaning assigned by Section | ||
| 49.01, Penal Code. | ||
| SECTION 4. Except as otherwise provided by this Act, this | ||
| Act takes effect immediately if it receives a vote of two-thirds of | ||
| all the members elected to each house, as provided by Section 39, | ||
| Article III, Texas Constitution. If this Act does not receive the | ||
| vote necessary for immediate effect, this Act takes effect on the | ||
| 91st day after the last day of the legislative session. | ||
