HBA-DMD C.S.H.B. 1087 76(R)BILL ANALYSIS Office of House Bill AnalysisC.S.H.B. 1087 By: Driver Public Safety 4/19/1999 Committee Report (Substituted) BACKGROUND AND PURPOSE Currently, the Department of Public Safety (department) enforces the federal motor carrier safety regulations and federal hazardous materials regulations. Under current law, the enforcement of these regulations is permitted by a peace officer in a city with a population of 100,000 or more or a city of 25,000 or more in a county with a population of 2.4 million or more. C.S.H.B. 1087 requires the department to establish procedures, including training, for the certification of sheriffs and sheriff's deputies. This bill provides that a sheriff or sheriff's deputy of a county with a population of 270,000 or more is eligible for certification under this section. This bill also requires the department to establish reasonable fees sufficient to recover from a county, as appropriate, the cost of certifying its sheriffs or sheriff's deputies. It authorizes the department to establish uniform standards for county enforcement of this chapter. C.S.H.B. 1087 authorizes a sheriff or sheriff's deputy to detain a motor vehicle on a highway within the county territory. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority previously delegated to the Department of Public Safety is modified in SECTION 1 (Section 644.101, Transportation Code) and in SECTION 2 (Section 644.102, Transportation Code) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 644.101, Transportation Code, as follows: Sec. 644.101. New Title: CERTIFICATION OF MUNICIPAL POLICE OFFICERS AND SHERIFFS OR SHERIFF'S DEPUTIES. (a) Requires the Department of Public Safety (department) to establish procedures, including training, for the certification of sheriffs and sheriff's deputies. (b) Provides that a police officer of a municipality of 25,000 or more any part of which is located in a county with a population of 1.8, rather than 2.4, million or more is eligible to apply for certification under this section. (c) Provides that a sheriff or sheriff's deputy of a county with a population of 270,000 or more is eligible for certification under this section. Provides that a sheriff's deputy must be recertified biennially in order to enforce this chapter. (d) Requires the department, by rule, to establish reasonable fees sufficient to recover from a county as appropriate, the cost of certifying its sheriffs or sheriff's deputies. Creates from existing text. SECTION 2. Amends Section 644.102, Transportation Code, as follows: Sec. 644.102. New Title: MUNICIPAL AND COUNTY ENFORCEMENT REQUIREMENTS. Authorizes the Department of Public Safety, by rule, to establish uniform standards for county enforcement of this chapter. Provides that a county must adopt the uniform standards of enforcement under this chapter, before enforcing this chapter. Includes a county auditor as a department that must determine amount in fines that a county is authorized to retain, which cannot be more than 110 percent of the county's actual expenses for enforcement of this chapter in the preceding year, after reviewing the most recent county audit under Section 115.045 (Annual Independent Audit in Counties With Population of 350,000 or More), Local Government Code. Makes conforming changes. SECTION 3. Amends Section 644.103, Transportation Code, by adding Subsection (d), to authorize a sheriff or sheriff's deputy who is certified under Section 644.101 (Certification of Municipal Police Officers) to detain a motor vehicle that is subject to this chapter, on a highway within the county territory. SECTION 4. (a) Provides that in accordance with Section 311.031(c), Government Code, which gives effect to the text of Section 644.101, Transportation Code, as set out in this Act, gives effect to changes made by Chapter 364 and Chapter 1061, Acts of the 75th Legislature, Regular Session, 1997, a substantive amendment enacted by the same legislature that codifies the amended statute. (b) Provides that, to the extent of any conflict, this Act prevails over another Act of the 76th Legislature, Regular Session, 1999, relating to nonsubstantive additions and corrections in enacted codes. SECTION 5.Effective date: September 1, 1999. SECTION 6.Emergency clause. COMPARISON OF ORIGINAL TO SUBSTITUTE This substitute differs from the original bill in SECTION 1 (Section 644.101, Transportation Code), by providing that a police officer of a municipality of 25,000 or more any part of which is located in a county with a population of 1.8, rather than 2.4, million or more is eligible to apply for certification under this section. This substitute also provides that a sheriff or sheriff's deputy of a county with a population of 270,000, rather than 500,000, or more is eligible for certification under this section and that a sheriff's deputy must be recertified biennially in order to enforce this chapter. This substitute differs from the original bill in SECTION 2 (Section 644.102, Transportation Code), by providing that a county must adopt the uniform standards of enforcement under this chapter, before enforcing this chapter.