HB1384 - Relating to the enforcement of certain standards for commercial motor vehicles.

      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.