By Howard                                       H.B. No. 1380

      75R1900 CAG-D                           

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the enforcement of certain traffic laws by private

 1-3     institutions of higher education.

 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-5           SECTION 1.  Chapter 600, Transportation Code, is amended by

 1-6     adding Section 600.003 to read as follows:

 1-7           Sec. 600.003.  ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY PRIVATE

 1-8     INSTITUTIONS OF HIGHER EDUCATION.  (a)  In this section, "private

 1-9     or independent institution of higher education" has the meaning

1-10     assigned by Section 61.003(15), Education Code.

1-11           (b)  A private or independent institution of higher education

1-12     may enforce a traffic law of this state under Chapter 545

1-13     restricting or prohibiting the operation or movement of vehicles on

1-14     a road of the institution if:

1-15                 (1)  the road of the institution is open to the public

1-16     at the time the traffic law is enforced;

1-17                 (2)  the governing body of the institution adopts a

1-18     regulation to enforce the traffic law; and

1-19                 (3)  the restriction or prohibition on the operation

1-20     and movement of vehicles adopted by the institution:

1-21                       (A)  is posted by means of a sign, marking,

1-22     signal, or other device visible to and, if it contains writing,

1-23     able to be read by an operator of a vehicle to whom the restriction

1-24     or prohibition applies in the same manner as a similar restriction

 2-1     or prohibition on the operation and movement of vehicles would be

 2-2     posted by a municipality; and

 2-3                       (B)  has been approved by the commissioners court

 2-4     of the county in which the applicable road of the institution is

 2-5     located.

 2-6           (c)  Campus security personnel of the institution

 2-7     commissioned under Section 51.212, Education Code, are authorized

 2-8     to enforce the provisions of the section and have the authority to

 2-9     issue and use traffic tickets and summons in a form prescribed by

2-10     the Texas Department of Public Safety to enforce this chapter on

2-11     property of the institution.

2-12           (d)  The same procedures that apply to a traffic ticket or

2-13     summons by a commissioned peace officer of an institution of higher

2-14     education under Section 51.210, Education Code, also apply to a

2-15     ticket or summons issued under this section.

2-16           SECTION 2.  This Act takes effect September 1, 1997.

2-17           SECTION 3.  The importance of this legislation and the

2-18     crowded condition of the calendars in both houses create an

2-19     emergency and an imperative public necessity that the

2-20     constitutional rule requiring bills to be read on three several

2-21     days in each house be suspended, and this rule is hereby suspended.