AUSTIN - A deputy sheriff from Aransas County may not operate a fixed commercial vehicle weigh station directing all commercial vehicles to exit a highway to be weighed, opined Attorney General Ken Paxton yesterday.
The request was submitted by Aransas County Auditor Jacky Cockerham, and sought the AG’s opinion regarding a certified and licensed deputy sheriff’s authority to operate a fixed commercial vehicle weigh station.
The opinion found that the Texas Transportation Code grants the state broad powers regarding the inspection of commercial trucks on Texas highways, as chapter 621 regulates the weight and size of all vehicles, while chapter 644 sets forth safety standards for commercial vehicles.
Paxton opined, however, that a court would likely conclude that neither subsections 621.402(a) nor 644.103(a) authorize a deputy sheriff from Aransas County to operate a fixed commercial vehicle weigh station directing all commercial vehicles to exit a highway to be weighed.
“To the extent Transportation Code subsection 644.103(a) may allow the stopping and
weighing of a commercial vehicle without suspicion that the vehicle’s weight is
unlawful, a deputy sheriff from Aransas County is not among those eligible for
certification under subsection 644.101(c) to do so,” the opinion states.
Opinion No. KP-0458