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.
3-1 COMMITTEE AMENDMENT NO. 1
3-2 Amend S.B. No. 1368, in SECTION 1 of the bill, in proposed
3-3 Section 600.003(c), Transportation Code (engrossed version, page 2,
3-4 lines 14-15), by striking "on property of the institution" and
3-5 substituting "only on the property of the institution that
3-6 commissioned the campus security personnel under Section 51.212,
3-7 Education Code".
3-8 75R13606 CAG-D Oakley
3-9 COMMITTEE AMENDMENT NO. 2
3-10 Amend S.B. No. 1368 in SECTION 1 of the bill, in proposed
3-11 Section 600.003, Transportation Code (engrossed version, page 2,
3-12 between lines 19 and 20), by inserting the following subsection:
3-13 (e) The governing body of the municipality or the
3-14 commissioners court of the county that approves the enforcement of
3-15 traffic laws under Subsection (b) shall also determine the
3-16 disposition of funds collected under this section from any fees or
3-17 fines from the enforcement of a traffic law of this state.
3-18 75R13607 CAG-D Oakley