Bill Text: TX HB2883 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to checkpoints established by the Department of Public Safety at roadways entering this state from New Mexico.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-28 - Left pending in committee [HB2883 Detail]
Download: Texas-2023-HB2883-Introduced.html
88R12808 CJD-D | ||
By: King of Hemphill | H.B. No. 2883 |
|
||
|
||
relating to checkpoints established by the Department of Public | ||
Safety at roadways entering this state from New Mexico. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter A, Chapter 411, Government Code, is | ||
amended by adding Section 411.00951 to read as follows: | ||
Sec. 411.00951. CHECKPOINTS AT ENTRY POINTS FROM NEW | ||
MEXICO. (a) In this section: | ||
(1) "Controlled substance" has the meaning assigned by | ||
Section 481.002, Health and Safety Code. | ||
(2) "Motor vehicle" has the meaning assigned by | ||
Section 541.201, Transportation Code. | ||
(b) The department shall establish a program for the purpose | ||
of establishing state border crossing checkpoints to prevent | ||
controlled substances from entering this state and for the | ||
prevention and detection of other criminal offenses. | ||
(c) A checkpoint shall be established under Subsection (b) | ||
at each point located on a public highway or street leading directly | ||
to a border between this state and New Mexico. | ||
(d) A checkpoint established under Subsection (b) shall be | ||
operated in a manner as to only stop a motor vehicle that: | ||
(1) is entering this state; and | ||
(2) law enforcement has probable cause to believe a | ||
driver or passenger of is bringing a controlled substance into this | ||
state or has committed another criminal offense. | ||
(e) The department may establish the state 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. | ||
(f) 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, including an offense | ||
relating to the possession of a controlled substance. 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 2. This Act takes effect September 1, 2023. |