88R12808 CJD-D     By: King of Hemphill H.B. No. 2883       A BILL TO BE ENTITLED   AN ACT   relating to checkpoints established by the Department of Public   Safety at roadways entering this state from New Mexico.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 411, Government Code, is   amended by adding Section 411.00951 to read as follows:          Sec. 411.00951.  CHECKPOINTS AT ENTRY POINTS FROM NEW   MEXICO. (a)  In this section:                (1)  "Controlled substance" has the meaning assigned by   Section 481.002, Health and Safety Code.                (2)  "Motor vehicle" has the meaning assigned by   Section 541.201, Transportation Code.          (b)  The department shall establish a program for the purpose   of establishing state border crossing checkpoints to prevent   controlled substances from entering this state and for the   prevention and detection of other criminal offenses.          (c)  A checkpoint shall be established under Subsection (b)   at each point located on a public highway or street leading directly   to a border between this state and New Mexico.          (d)  A checkpoint established under Subsection (b) shall be   operated in a manner as to only stop a motor vehicle that:                (1)  is entering this state; and                (2)  law enforcement has probable cause to believe a   driver or passenger of is bringing a controlled substance into this   state or has committed another criminal offense.          (e)  The department may establish the state border crossing   checkpoint program in conjunction with local law enforcement   authorities. The department and local law enforcement authorities   may share the cost of staffing the checkpoints.          (f)  The department shall establish procedures governing the   encounter between the driver and the peace officers operating the   checkpoint that ensure that any intrusion on the driver is   minimized and that the inquiries made are reasonably related to the   purpose of the checkpoint. A peace officer at the checkpoint may   not direct a driver or a passenger in a motor vehicle to leave the   vehicle or move the vehicle off the roadway unless the officer has   reasonable suspicion or probable cause to believe that the person   committed or is committing an offense, including an offense   relating to the possession of a controlled substance. However, a   peace officer may require that each motor vehicle passing through   the checkpoint be diverted to a location immediately adjacent to   the roadway, if desirable, to ensure safety.          SECTION 2.  This Act takes effect September 1, 2023.