BILL ANALYSIS

 

 

Senate Research Center                                                                                                       H.B. 479

79R986 KEL-D                                                                                                By: Keel (Barrientos)

                                                                                                                    S/C on Higher Education

                                                                                                                                            4/28/2005

                                                                                                                                           Engrossed

 

 

AUTHOR'S/SPONSOR'S STATEMENT OF INTENT

 

H.B. 479 clarifies the authority of The University of Texas campus peace officers.

 

Problems have arisen between The University of Texas Police Department (UTPD) and the Austin Police Department (APD) regarding each department's authority on The University of Texas campus, over which they have concurrent jurisdiction.

 

Section 51.203, Education Code, defines the jurisdiction of campus peace officers.  This definition does not usurp the authority of any other law enforcement agency.  Recently, there have been attempts by the UTPD to restrict the presence, movement, and authority of APD officers at university events.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS


SECTION 1.  Amends Subchapter A, Chapter 67, Education Code, by adding Section 67.03, as

follows:

 

Sec.  67.03.  CAMPUS PEACE OFFICERS: CONCURRENT JURISDICTION.  (a)  Provides that campus peace officers commissioned by The University of Texas at Austin have the same jurisdiction, powers, privileges, and immunities as provided by Section 51.203 (Campus Peace Officers).

 

(b)  Provides that Subsection (a) does not in any manner limit or reduce the jurisdiction, powers, privileges, and immunities provided by law for a law enforcement agency of the state or a political subdivision of the state, including the City of Austin police department, with  territorial jurisdiction that includes all or part of the university campus.  Provides that the law enforcement agency retains the autonomous authority to deploy agency personnel on university property and in university facilities in any manner consistent with the jurisdiction, powers, privileges, and immunities of the agency.

 

SECTION 2.  Effective date:  upon passage or September 1, 2005.