In response to a request from the Aransas County Auditor, AG Paxton has issued an opinion stating that a court would likely conclude deputy sheriffs in Aransas County would not be authorized under Texas law to operate a commercial vehicle weigh station and direct all traffic into the station to check for violations. Paxton notes that Transportation Code §621.402(a) requires the deputy sheriff to have “reason to believe” the vehicle’s weight is unlawful in order to stop and weigh a commercial vehicle, and that alternative statutes granting authority to weigh all commercial vehicles under §644.101(c) wouldn’t apply to deputy sheriffs from Aransas County.
For more information, see the request here and AG Paxton’s opinion here.
