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.