82S11270 SJM-F
	By: Miller of Erath	H.B. No. 84

	A BILL TO BE ENTITLED
	AN ACT
	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 [THEFT] CHECKPOINTS NEAR
	TEXAS-MEXICO [AT] BORDER [CROSSING].
	SECTION 2.  Sections 411.0095(a), (b), (c), and (d),
	Government Code, are amended to read as follows:
	(a)  The department may establish [a program for the purpose
	of establishing] border [crossing] checkpoints to prevent the
	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 [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 prevent firearms,
	controlled substances, currency, [stop only] vehicles, tractors or
	implements, equipment, aircraft, or watercraft that [for which] law
	enforcement authorities have probable cause to believe are
	unlawfully possessed or being unlawfully and imminently
	transferred or moved from this state to [is stolen and bound for]
	Mexico from being possessed or transferred or moved to Mexico.
	(c)  The department may establish [the] border checkpoints
	[crossing checkpoint program] in conjunction with federal and local
	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. [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.]
	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.