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Can a Texas Sheriff Operate a Fixed Commercial Motor Vehicle Weigh Station?

Can a Texas Sheriff Operate a Fixed Commercial Motor Vehicle Weigh Station?

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PLEASE NOTE: Nothing on this website or in this publishing should be taken as legal advice.


Can a Texas Sheriff Operate a Fixed Commercial Motor Vehicle Weigh Station?

The question posed by one Texas county is whether a deputy sheriff certified under Transportation Code 621.401 and 621.402 can operate a fixed commercial motor vehicle weigh station.

This question was submitted to the Texas Attorney General’s Office on August 18, 2023. It was assigned tracking number RQ-0005-AC and submitted by the Aransas County Auditor, Jacky Cockerham.

At a fixed commercial vehicle weigh station there is a traffic control sign on the highway directing all commercial vehicles to enter to have their weight inspected to determine if it is in compliance within state law.

Although there are no current court rulings regarding a deputy sheriff’s authority to operate a fixed commercial motor vehicle weigh station, the Texas Court of Criminal Appeals opinion in Holt v. State interpreted the United States Supreme Court’s opinion in Michigan Dep’J of Stale Police v. Sitz, 496 U.S. 444. 110 S. Ct. 2481. 110 L. Ed. 2d 412 (1990) regarding the constitutionality of sobriety checkpoints. In Sitz the United States Supreme Court held that the states sobriety checkpoints were constitutional under the Fourth Amendment. The court stated that the choice of law enforcement alternatives remained with politically accountable government officials who have the responsibility for utilizing limited government resources.

RQ-0005-AC, Dated August 18, 2023, signed by Jacky Cockerham, Aransas County Auditor

The request for opinion is rather interesting because it may be other operational considerations for Sheriff Office’s throughout Texas; especially in South Texas or other areas proximate to the border.

County Auditor Explains Court Findings

The request for opinion goes on to quote another United States Supreme Court opinion. This opinion is Delaware v. Prouse 440 U.S. 648, 99 S. Ct. 1391, 59 L. Ed. 2d 660 (I 979). Cockerham goes on to state:

In Prouse the Court held that random traffic stops made without reasonable suspicion to check driver licenses were unconstitutional. But, the Court went on to state ”this holding does not preclude the State of Delaware or other States from developing methods for spot checks that involve less intrusive or that do not involve the unconstrained exercise of discretion.”

RQ-0005-AC, Dated August 18, 2023, signed by Jacky Cockerham, Aransas County Auditor

Cockerham provides a means to meet the Prouse opinion by suggesting a fixed commercial motor vehicle weigh station has a highway traffic sign directing all specific traffic to be inspected.

County Auditor Mentions Public Interest

In closing, Cockerham mentions the ability to operate a commercial motor vehicle weigh station could be a significant in serving public interest in highway traffic safety.

Typically, these stations have been operated by the Texas Department of Public Safety. If deputy sheriff’s were performing these types of checks at fixed weigh stations then the county may be able to prevent damage to roadways.


A Couple of Our Other Reads

You may be interested in our publishing on submitted campaign finance reports for Cameron County Sheriff.

Or you may find our publishing on submitted campaign finance reports for the Hays County Sheriff, of interest.


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