JWW S.B. 1368 75(R)BILL ANALYSIS PUBLIC SAFETY S.B. 1368 By: Ellis (Howard) 5-6-97 Committee Report (Amended) BACKGROUND Currently, commissioned peace officers at private institutions of higher education lack the authority to enforce traffic citations for violations committed by anyone who is not a student or an institutional employee. Some of these campuses may be faced with drivers who exceed posted speed limits, and run stop signs, while driving through the campuses. This bill extends to officers at private institutions of higher education the same traffic authority exercised by public university police officers. PURPOSE This bill extends to officers at private institutions of higher education the same traffic authority exercised by public university police officers. RULEMAKING AUTHORITY It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency or institution. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 600, Transportation Code, by adding Section 600.003, as follows: Sec. 600.003. ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY PRIVATE INSTITUTIONS OF HIGHER EDUCATION. (a) Defines "private or independent institution of higher education." (b) Authorizes a private or independent institution of higher education to enforce a traffic law of this state under Chapter 545 restricting or prohibiting the operation or movement of vehicles on a road of the institution if certain conditions exist, including requirements that certain restrictions must be posted in a certain manner and must be approved by certain entities. (c) Provides that campus security personnel of the institution commissioned under Section 51.212, Education Code, are authorized to enforce the provisions of the section and have the authority to issue and use traffic tickets and summons in a form prescribed by the Texas Department of Public Safety to enforce this chapter on property of the institution. (d) Provides that the same procedures that apply to a traffic ticket or summons by a commissioned peace officer of an institution of higher education under Section 51.206 and 51.210, Education Code, also apply to a ticket or summons issued under this section. SECTION 2. Effective Date: September 1, 1997. SECTION 3. Emergency Clause. EXPLANATION OF AMENDMENTS Amendment #1 Amends Subchapter (c), Section 600.003, Transportation Code, by striking "on property of the institution" at the end of the subsection. The deleted language is replaced with language stating that the subsection applies only to property of the institution that commissioned campus security personnel under Section 51.212, Education Code. Amendment #2 Amends Section 600.003, Transportation Code, by adding Subchapter (e) which states that the governing body of the municipality or the commissioner's court of the county will be required to determine the disposition of funds collected under this section that are derived from fines or fees due to the enforcement of traffic laws.