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A BILL TO BE ENTITLED
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AN ACT
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relating to authorizing the Department of Public Safety of the |
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State of Texas and the Texas Alcoholic Beverage Commission to |
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investigate the feasibility of and cooperate in the establishment |
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of southbound checkpoints along the international border of this |
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state. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 411, Government Code, is |
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amended by adding Section 411.0208 to read as follows: |
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Sec. 411.0208. INTERNATIONAL BORDER CHECKPOINTS. (a) To |
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prevent the unlawful transfer of firearms, bulk currency, drugs and |
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drug paraphernalia, and other contraband from this state to the |
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United Mexican States, the department and the Texas Alcoholic |
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Beverage Commission jointly shall investigate the feasibility of |
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assisting federal authorities in establishing permanent or |
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temporary checkpoints along the international border of this state |
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for the purpose of conducting inspections of vehicles leaving this |
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state and entering the United Mexican States. If the department |
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determines that assistance to be feasible, the department shall |
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cooperate with appropriate federal agencies to set up the |
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checkpoints. |
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(b) A checkpoint described by Subsection (a) must be: |
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(1) located at or within one mile of the international |
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border of this state; and |
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(2) designed to stop only traffic leaving this state |
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and entering the United Mexican States. |
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(c) The department and local law enforcement authorities |
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may share with the federal government the cost of staffing any |
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checkpoints established as described by this section. |
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(d) The department shall establish procedures to govern the |
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specific locations of the checkpoints and to ensure that, in the |
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absence of reasonable suspicion or probable cause, any inquiries |
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directed toward a driver or occupant of a vehicle at a checkpoint |
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are: |
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(1) reasonably related to the purpose of the |
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checkpoint; |
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(2) made with minimal intrusion on the driver or |
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occupant of the vehicle; and |
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(3) made in a consistent and indiscriminate manner |
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with respect to all vehicles entering the checkpoint. |
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(e) If necessary to implement this section, the attorney |
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general, subject to approval by the governor, shall enter into an |
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agreement under 8 U.S.C. Section 1357(g) with the United States |
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Office of the Attorney General or other appropriate federal agency. |
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(f) An agreement entered into under Subsection (e) must be |
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signed on behalf of this state by the attorney general of this state |
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and the governor of this state and as otherwise required by the |
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appropriate federal agency. |
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(g) A law enforcement agency may enter into an agreement |
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with a corporation or other private entity to provide goods or |
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services for the establishment and operation of a checkpoint or the |
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performance of inspections under this section. |
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(h) The director shall adopt rules as necessary to |
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administer this section. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |