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
1-24 or prohibition on the operation and movement of vehicles would be
2-1 posted by a municipality; and
2-2 (B) has been approved by:
2-3 (i) the commissioners court of the county
2-4 in which the applicable road of the institution is located, if the
2-5 road is located in the unincorporated area of a county; or
2-6 (ii) the governing body of the
2-7 municipality in which the applicable road of the institution is
2-8 located, if the road is located in a municipality.
2-9 (c) Campus security personnel of the institution
2-10 commissioned under Section 51.212, Education Code, are authorized
2-11 to enforce the provisions of this section and have the authority to
2-12 issue and use traffic tickets and summons in a form prescribed by
2-13 the Texas Department of Public Safety to enforce this chapter only
2-14 on the property of the institution that commissioned the campus
2-15 security personnel under Section 51.212, Education Code.
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 (e) The governing body of the municipality or the
2-21 commissioners court of the county that approves the enforcement of
2-22 traffic laws under Subsection (b) shall also determine the
2-23 disposition of funds collected under this section from any fees or
2-24 fines from the enforcement of a traffic law of this state.
2-25 SECTION 2. This Act takes effect September 1, 1997.
2-26 SECTION 3. The importance of this legislation and the
2-27 crowded condition of the calendars in both houses create an
3-1 emergency and an imperative public necessity that the
3-2 constitutional rule requiring bills to be read on three several
3-3 days in each house be suspended, and this rule is hereby suspended.
_______________________________ _______________________________
President of the Senate Speaker of the House
I hereby certify that S.B. No. 1368 passed the Senate on
April 24, 1997, by the following vote: Yeas 29, Nays 0; and that
the Senate concurred in House amendments on May 19, 1997, by a
viva-voce vote.
_______________________________
Secretary of the Senate
I hereby certify that S.B. No. 1368 passed the House, with
amendments, on May 16, 1997, by a non-record vote.
_______________________________
Chief Clerk of the House
Approved:
_______________________________
Date
_______________________________
Governor