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


Office of House Bill AnalysisC.S.H.B. 2058
By: Moreno, Joe E.
Public Safety
4/5/2001
Committee Report (Substituted)



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 and are only able
to inspect one vehicle at a time.  C.S.H.B. 2058 authorizes a municipal
police officer to enter a motor carrier's premises to inspect equipment on
a per unit basis or in a manner agreeable to both parties, at a reasonable
time. 

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, of institution. 

ANALYSIS

C.S.H.B. 2058 amends the Transportation Code to authorize a municipal
police officer who is certified to inspect commercial motor vehicles to
enter a motor carrier's premises, to inspect equipment on a per unit basis
or in a manner agreeable between the motor carrier and the enforcement
entity at a reasonable time after stating the purpose of the inspection and
presenting appropriate credentials to the motor carrier.     
 
EFFECTIVE DATE

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

COMPARISON OF ORIGINAL TO SUBSTITUTE

C.S.H.B. 2058 differs from the original bill by no longer allowing a
sheriff or sheriff's deputy to be eligible to be certified to inspect
commercial motor vehicles.