HBA-MPA, MAJ H.B. 496 76(R)BILL ANALYSIS


Office of House Bill AnalysisH.B. 496
By: Flores
Public Safety
3/26/1999
Committee Report (Amended)



BACKGROUND AND PURPOSE 

Currently, the state operates stolen vehicle checkpoints at all border
crossings into Mexico.  The program has proved to be successful, but
changes related to increased traffic and congestion along the border have
created a need to fine-tune the program.  H.B. 496 allows the Department of
Public Safety to establish these checkpoints without the approval of local
law enforcement authorities and would further define where the checkpoint
would be established. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that this bill does
not expressly delegate any additional rulemaking authority to a state
officer, department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Section 411.0095, Government Code, as follows:

Sec. 411.0095.  New Title: VEHICLE THEFT CHECKPOINTS AT BORDER CROSSING.
(a)  Specifies that checkpoints are "border crossing" checkpoints under a
program which the Department of Public Safety of the State of Texas
(department) is authorized to establish for the purpose of preventing
stolen vehicles from entering Mexico.  Includes aircraft and watercraft in
the list of stolen vehicles which checkpoints are to prevent from entering
Mexico.  Deletes "local cooperation for" from the title.  Makes conforming
and nonsubstantive changes.   

(b)  Authorizes a checkpoint to be established under Subsection (a), rather
than for the purpose of preventing stolen vehicles, farm tractors or
implements, or construction equipment from entering Mexico, if the
checkpoint is located within 250 yards of a federally designated crossing
facility located at or near the actual boundary between Texas and Mexico,
if it is located on a public highway or street leading directly to an
international border crossing, and if it is designed to stop only traffic
bound for Mexico. Deletes the requirement that for a checkpoint to be
established it must be operated in such a manner as to stop only vehicles,
tractors or implements, or equipment for which law enforcement authorities
have probable cause to believe is stolen and bound for Mexico, as evidenced
by broken windows or other visible signs of forced entry.  Makes conforming
changes. 

(c)  Authorizes the department to establish the border crossing checkpoint
program in conjunction with local law enforcement authorities and to share
the cost of staffing the checkpoints.  

(d)  Makes no change to this subsection.

(e)  Provides that "motor vehicle" and "vehicle" have the meanings assigned
by Section 541.201 (Vehicles), Transportation Code, and that "watercraft"
has the meaning assigned by Section 49.01 (Definitions), Penal Code.  Makes
conforming and nonsubstantive changes. 

 SECTION 2.  Effective date: September 1, 1999.

SECTION 3.  Emergency clause.

EXPLANATION OF AMENDMENTS

Amendment #1

Amends Section 411.0095(b), Government Code, to provide that aircraft, or
watercraft may be topped at a checkpoint, in addition to vehicles, tractors
or implements, and equipment, for which law enforement authorities have
probable cause to believe is stolen and bound for Mexico.  Deletes "as
evidenced by broken windows or other visible signs of forced entry."  Makes
conforming and nonsubstantive changes.