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.