bill requires probable cause to stop and weigh trucks

The text as introduced · 624 words

By: Virdell
H.B. No. 1384

A BILL TO BE ENTITLED

AN ACT

relating to the enforcement of certain standards for commercial

motor vehicles.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Sections 621.402(a) and (c), Transportation

Code, are amended to read as follows:

(a) A weight enforcement officer who has probable cause

[ reason ] to believe that the single axle weight, tandem axle

weight, or gross weight of a loaded motor vehicle is unlawful may:

(1) weigh the vehicle using portable or stationary

scales furnished or approved by the Department of Public Safety; or

(2) require the vehicle to be weighed by a public

weigher.

(c) A noncommissioned employee of the Department of Public

Safety who is certified for the purpose by the public safety

director and who is supervised by an officer of the Department of

Public Safety may, in a port of entry or at a commercial motor

vehicle inspection site, weigh a vehicle, require the vehicle to be

weighed, or require a vehicle to be driven to the nearest scale

under Subsections (a) and (b) only if the employee has probable

cause to believe that the single axle weight, tandem axle weight, or

gross weight of a loaded motor vehicle is unlawful .

SECTION 2. Section 644.103, Transportation Code, is amended

by amending Subsections (a), (b), and (d), and adding Subsection

(b-1) to read as follows:

(a) An officer of the department may stop, enter, or detain

on a highway or at a port of entry a motor vehicle that is subject to

this chapter only if the officer has probable cause to believe the

vehicle or operator of the vehicle is in violation of this title or

a rule adopted under this title, including a federal safety

regulation adopted under this chapter .

(b) A municipal police officer who is certified under

Section 644.101 may stop, enter, or detain on a highway or at a port

of entry within the territory of the municipality a motor vehicle

that is subject to this chapter only if the municipal police officer

has probable cause to believe the vehicle or operator of the vehicle

is in violation of this title or a rule adopted under this title,

including a federal safety regulation adopted under this chapter .

(b-1) A sheriff or deputy sheriff who is certified under

Section 644.101 may stop, enter, or detain on a highway or at a port

of entry within the territory of the county a motor vehicle that is

subject to this chapter only if the sheriff or deputy sheriff has

probable cause to believe the vehicle or operator of the vehicle is

in violation of this title or a rule adopted under this title,

including a federal safety regulation adopted under this chapter .

(d) A noncommissioned employee of the department who is

certified for the purpose by the director and who is supervised by

an officer of the department may, at a commercial motor vehicle

inspection site, stop, enter, or detain a motor vehicle that is

subject to this chapter only if the noncommissioned employee has

probable cause to believe the vehicle or operator of the vehicle is

in violation of this title or a rule adopted under this title,

including a federal safety regulation adopted under this chapter .

If the employee's inspection shows that an enforcement action, such

as the issuance of a citation, is warranted for a violation of this

title or a rule adopted under this title, including a federal safety

regulation adopted under this chapter, the noncommissioned

employee may take enforcement action only if the employee is under

the supervision of an officer of the department.

SECTION 3. This Act takes effect September 1, 2025.