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Texas Senate Bill

SB 298

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.

en-TX, bills, wrapper, status

  • Introduced
  • Bill Passed
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Bill Text

(Links above go to official .gov website) More →
Session: 81st
Write Your Senator
This text refers to the Passage in the Senate.
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.

Recent Actions

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News & Blog Coverage

  • Marcellus Shale gas rush prompts legislative battles (dailyamerican.com)
    Jan 20, 2011
    Senate Bill 298/Act No. 88 — Clean and Green clarifications 1. Farmers enrolled in the program will be subject to rollback taxes only on land directly ...
    Daily American Online
  • Marcellus Shale gas rush prompts legislative battles (ourtownonline.biz)
    Jan 20, 2011
    Senate Bill 298/Act No. 88 — Clean and Green clarifications 1. Farmers enrolled in the program will be subject to rollback taxes only on land directly ...
    Hey Johnstown

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