1-1     By:  Ellis, Lindsay                                   S.B. No. 1368

 1-2           (In the Senate - Filed March 13, 1997; March 18, 1997, read

 1-3     first time and referred to Committee on Education; April 10, 1997,

 1-4     reported favorably by the following vote:  Yeas 11, Nays 0;

 1-5     April 10, 1997, sent to printer.)

 1-6                            A BILL TO BE ENTITLED

 1-7                                   AN ACT

 1-8     relating to the enforcement of certain traffic laws by private

 1-9     institutions of higher education.

1-10           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

1-11           SECTION 1.  Chapter 600, Transportation Code, is amended by

1-12     adding Section 600.003 to read as follows:

1-13           Sec. 600.003.  ENFORCEMENT OF CERTAIN TRAFFIC LAWS BY PRIVATE

1-14     INSTITUTIONS OF HIGHER EDUCATION.  (a)  In this section, "private

1-15     or independent institution of higher education" has the meaning

1-16     assigned by Section 61.003(15), Education Code.

1-17           (b)  A private or independent institution of higher education

1-18     may enforce a traffic law of this state under Chapter 545

1-19     restricting or prohibiting the operation or movement of vehicles on

1-20     a road of the institution if:

1-21                 (1)  the road of the institution is open to the public

1-22     at the time the traffic law is enforced;

1-23                 (2)  the governing body of the institution adopts a

1-24     regulation to enforce the traffic law; and

1-25                 (3)  the restriction or prohibition on the operation

1-26     and movement of vehicles adopted by the institution:

1-27                       (A)  is posted by means of a sign, marking,

1-28     signal, or other device visible to and, if it contains writing,

1-29     able to be read by an operator of a vehicle to whom the restriction

1-30     or prohibition applies in the same manner as a similar restriction

1-31     or prohibition on the operation and movement of vehicles would be

1-32     posted by a municipality; and

1-33                       (B)  has been approved by:

1-34                             (i)  the commissioners court of the county

1-35     in which the applicable road of the institution is located, if the

1-36     road is located in the unincorporated area of a county; or

1-37                             (ii)  the governing body of the

1-38     municipality in which the applicable road of the institution is

1-39     located, if the road is located in a municipality.

1-40           (c)  Campus security personnel of the institution

1-41     commissioned under Section 51.212, Education Code, are authorized

1-42     to enforce the provisions of this section and have the authority to

1-43     issue and use traffic tickets and summons in a form prescribed by

1-44     the Texas Department of Public Safety to enforce this chapter on

1-45     property of the institution.

1-46           (d)  The same procedures that apply to a traffic ticket or

1-47     summons by a commissioned peace officer of an institution of higher

1-48     education under Sections 51.206 and 51.210, Education Code, also

1-49     apply to a ticket or summons issued under this section.

1-50           SECTION 2.  This Act takes effect September 1, 1997.

1-51           SECTION 3.  The importance of this legislation and the

1-52     crowded condition of the calendars in both houses create an

1-53     emergency and an imperative public necessity that the

1-54     constitutional rule requiring bills to be read on three several

1-55     days in each house be suspended, and this rule is hereby suspended.

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