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A BILL TO BE ENTITLED
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AN ACT
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relating to checkpoints established by the Department of Public |
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Safety at roadways entering this state from New Mexico. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.00951 to read as follows: |
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Sec. 411.00951. CHECKPOINTS AT ENTRY POINTS FROM NEW |
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MEXICO. (a) In this section: |
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(1) "Controlled substance" has the meaning assigned by |
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Section 481.002, Health and Safety Code. |
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(2) "Motor vehicle" has the meaning assigned by |
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Section 541.201, Transportation Code. |
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(b) The department shall establish a program for the purpose |
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of establishing state border crossing checkpoints to prevent |
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controlled substances from entering this state and for the |
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prevention and detection of other criminal offenses. |
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(c) A checkpoint shall be established under Subsection (b) |
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at each point located on a public highway or street leading directly |
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to a border between this state and New Mexico. |
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(d) A checkpoint established under Subsection (b) shall be |
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operated in a manner as to only stop a motor vehicle that: |
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(1) is entering this state; and |
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(2) law enforcement has probable cause to believe a |
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driver or passenger of is bringing a controlled substance into this |
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state or has committed another criminal offense. |
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(e) The department may establish the state border crossing |
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checkpoint program in conjunction with local law enforcement |
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authorities. The department and local law enforcement authorities |
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may share the cost of staffing the checkpoints. |
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(f) The department shall establish procedures governing the |
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encounter between the driver and the peace officers operating the |
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checkpoint that ensure that any intrusion on the driver is |
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minimized and that the inquiries made are reasonably related to the |
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purpose of the checkpoint. A peace officer at the checkpoint may |
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not direct a driver or a passenger in a motor vehicle to leave the |
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vehicle or move the vehicle off the roadway unless the officer has |
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reasonable suspicion or probable cause to believe that the person |
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committed or is committing an offense, including an offense |
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relating to the possession of a controlled substance. However, a |
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peace officer may require that each motor vehicle passing through |
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the checkpoint be diverted to a location immediately adjacent to |
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the roadway, if desirable, to ensure safety. |
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SECTION 2. This Act takes effect September 1, 2023. |