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