HBA-CMT H.B. 2058 77(R)    BILL ANALYSIS


Office of House Bill AnalysisH.B. 2058
By: Moreno, Joe E.
Public Safety
3/28/2001
Introduced



BACKGROUND AND PURPOSE 

Under current law, the certification needed to inspect commercial vehicles
for compliance with commercial motor vehicle safety standards is only
extended to Department of Public Safety (DPS) officers and employees and to
certain municipal police officers.  In addition, current law authorizes
certified DPS officers or employees to enter a motor carrier's premises for
inspection at a reasonable time.  However, municipal police officers are
not currently extended similar authority.  As a result, these officers are
exposed to the risk of inspecting the vehicle in traffic so are only able
to inspect one vehicle at a time.  House Bill 2058 allows sheriffs and
deputy sheriffs to apply for certification and local law enforcement
officers to perform inspections. 

RULEMAKING AUTHORITY

It is the opinion of the Office of House Bill Analysis that rulemaking
authority is expressly delegated to the Department of Public Safety in
SECTION 1 (Section 644.101, Transportation Code) and in SECTION 2 (Section
644.102, Transportation Code) of this bill. 

ANALYSIS

House Bill 2058 amends the Transportation Code to require the Department of
Public Safety (DPS) to establish procedures, including training, for local
law enforcement officers to be certified to enforce commercial motor
vehicle safety standards.  The bill provides that a sheriff or sheriff's
deputy of any county is eligible to apply for certification.  DPS by rule
is required to establish reasonable fees sufficient to recover the cost of
certifying county law enforcement officers.   

The bill requires the DPS by rule to establish uniform standards for
enforcement of commercial motor vehicle safety standards by a county.  The
bill sets forth provisions for a county that engages in the enforcement of
commercial motor vehicle safety standards.   

The bill authorizes a certified local law enforcement officer to enter a
motor carrier's premises to inspect equipment at a reasonable time after
stating the purpose of the inspection and presenting to the motor carrier
appropriate credentials.     
 
EFFECTIVE DATE

On passage, or if the Act does not receive the necessary vote, the Act
takes effect September 1, 2001.