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.