By:  Ellis, Lindsay                                   S.B. No. 1368

                                A BILL TO BE ENTITLED

                                       AN ACT

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

 1-2     institutions of higher education.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Chapter 600, Transportation Code, is amended by

 1-5     adding Section 600.003 to read as follows:

 1-6           Sec. 600.003.  ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY PRIVATE

 1-7     INSTITUTIONS OF HIGHER EDUCATION.  (a)  In this section, "private

 1-8     or independent institution of higher education" has the meaning

 1-9     assigned by Section 61.003(15), Education Code.

1-10           (b)  A private or independent institution of higher education

1-11     may enforce a traffic law of this state under Chapter 545

1-12     restricting or prohibiting the operation or movement of vehicles on

1-13     a road of the institution if:

1-14                 (1)  the road of the institution is open to the public

1-15     at the time the traffic law is enforced;

1-16                 (2)  the governing body of the institution adopts a

1-17     regulation to enforce the traffic law; and

1-18                 (3)  the restriction or prohibition on the operation

1-19     and movement of vehicles adopted by the institution:

1-20                       (A)  is posted by means of a sign, marking,

1-21     signal, or other device visible to and, if it contains writing,

1-22     able to be read by an operator of a vehicle to whom the restriction

1-23     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:

 2-4                             (i)  the commissioners court of the county

 2-5     in which the applicable road of the institution is located, if the

 2-6     road is located in the unincorporated area of a county; or

 2-7                             (ii)  the governing body of the

 2-8     municipality in which the applicable road of the institution is

 2-9     located, if the road is located in a municipality.

2-10           (c)  Campus security personnel of the institution

2-11     commissioned under Section 51.212, Education Code, are authorized

2-12     to enforce the provisions of this section and have the authority to

2-13     issue and use traffic tickets and summons in a form prescribed by

2-14     the Texas Department of Public Safety to enforce this chapter on

2-15     property of the institution.

2-16           (d)  The same procedures that apply to a traffic ticket or

2-17     summons by a commissioned peace officer of an institution of higher

2-18     education under Sections 51.206 and 51.210, Education Code, also

2-19     apply to a ticket or summons issued under this section.

2-20           SECTION 2.  This Act takes effect September 1, 1997.

2-21           SECTION 3.  The importance of this legislation and the

2-22     crowded condition of the calendars in both houses create an

2-23     emergency and an imperative public necessity that the

2-24     constitutional rule requiring bills to be read on three several

2-25     days in each house be suspended, and this rule is hereby suspended.