HBA-CMT S.B. 888 77(R)    BILL ANALYSIS


Office of House Bill AnalysisS.B. 888
By: Ogden
Transportation
4/19/2001
Engrossed



BACKGROUND AND PURPOSE 

Currently in Texas, noncommissioned personnel at ports-of-entry and at
fixed weight inspection stations are not directly authorized to weigh a
vehicle, require a vehicle to be weighed, or to direct a vehicle to the
nearest scale.  Senate Bill 888 authorizes certified noncommissioned
officers to enforce truck weight laws at ports-of-entry and fixed
inspection stations under certain conditions.  

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, or institution. 

ANALYSIS

Senate Bill 888 amends the Transportation Code to authorize a
noncommissioned employee of the Department of Public Safety (DPS) who is
certified by the public safety director and who is supervised by a DPS
officer in a port of entry or a fixed site  to weigh a vehicle, require a
vehicle to be weighed, or require a vehicle to be driven to the nearest
scale available.  If a noncommissioned officer weighs a vehicle and
determines that an enforcement action is warranted, only a supervising
weight enforcement officer is authorized to take the action.  The bill
provides that except for the authority granted to a port-of-entry
supervisor or inspector, weight enforcement officers have exclusive rights
to enforce the general provisions relating to vehicle size and weight  in
any area of the state including all ports of entry between Texas and the
United Mexican States. 
 
EFFECTIVE DATE

September 1, 2001.