Relating to the authority of the Department of Public Safety of the State of Texas and certain local law enforcement agencies to establish a checkpoint on a highway or street to determine whether persons are driving while intoxicated.
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Vote to pass a bill that authorizes law enforcement agencies to operate temporary sobriety checkpoints on public roads in specific areas.
-Prohibits law enforcement from operating checkpoints in counties with populations of less than 250,000 or cities with populations of less than 500,000 (Sec. 1).
-Prohibits law enforcement from operating checkpoints on limited-access or controlled-access highways, overpasses, bridges or causeways, or the single ingress to or egress from a designated area (Sec. 1).
-Requires a peace officer to establish reasonable suspicion or probable cause that a crime is being committed before directing the driver to do any of the following (Sec. 1):<ul>-Leave the vehicle;
-Move the vehicle off the highway or street;
-Present a driver's license or concealed handgun license; or
-Perform a sobriety test.</ul>-Prohibits law enforcement from conducting an inquiry of a driver for longer than three minutes, and specifies that the total time during which a driver must wait to pass through the checkpoint shall not exceed ten minutes, unless the peace officer establishes reasonable suspicion or probable cause to detain a driver for a criminal offense (Sec. 1).
-Requires law enforcement to publicize through the media the date and time for the operation of a checkpoint, but specifies that the location does not have to be disclosed (Sec. 1).
-Prohibits law enforcement from operating a checkpoint at 1 location for longer than 4 hours (Sec. 1).
-Prohibits law enforcement from operating a checkpoint at the same location for longer than 1 year (Sec. 1).
-Requires the procedures for operating a checkpoint to ensure the following (Sec. 1):<ul>-That the selection of motor vehicles to be stopped is "reasonably predictable and nonarbitrary";
- A video and audio recording is made of encounters between drivers and peace officers;
-Intrusion on drivers by peace officers is minimized; and
-Inquiries to determine whether drivers are intoxicated are "reasonable."</ul>-Repeals the provisions of this Act on August 31, 2015 (Sec. 1).
-This is a substitute bill sponsored by the Senate Committee on Transportation and Homeland Security.