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.