Sec. 51.212. PEACE OFFICERS AT PRIVATE INSTITUTIONS. (a) The governing boards of private institutions of higher education, including private junior colleges, are authorized to employ and commission peace officers for the purpose of enforcing:
(1) state law on the campuses of private institutions of higher education; and
(2) state and local law, including applicable municipal ordinances, at other locations, as permitted by Subsection (b) or Section 51.2125.
(b) Any officer commissioned under the provisions of this section is vested with all the powers, privileges, and immunities of peace officers if the officer:
(1) is on the property under the control and jurisdiction of the respective private institution of higher education or is otherwise performing duties assigned to the officer by the institution, regardless of whether the officer is on property under the control and jurisdiction of the institution, but provided these duties are being performed within a county in which the institution has land; or
(2) to the extent authorized by Section 51.2125, is:
(A) requested by another law enforcement agency to provide assistance in enforcing state or local law, including a municipal ordinance, and is acting in response to that request; or
(B) otherwise assisting another law enforcement agency in enforcing a law described by Paragraph (A).
(c) Any officer assigned to duty and commissioned shall take and file the oath required of peace officers, and shall execute and file a good and sufficient bond in the sum of $1,000, payable to the governor, with two or more good and sufficient sureties, conditioned that the officer will fairly, impartially, and faithfully perform the duties as may be required of the officer by law. The bond may be sued on from time to time in the name of the person injured until the whole amount is recovered.
(d) The governing boards of private institutions of higher education are authorized to hire and pay on a regular basis peace officers commissioned by an incorporated city. The officers shall be under the supervision of the hiring institution, but shall be subject to dismissal and disciplinary action by the city. An incorporated city is authorized to contract with a private institution of higher education for the use and employment of its commissioned officers in any manner agreed to, provided that there is no expense incurred by the city.
(e) In this section, "private institution of higher education" means a private or independent institution of higher education as defined by Section 61.003.
(f) A campus police department of a private institution of higher education is a law enforcement agency and a governmental body for purposes of Chapter 552, Government Code, only with respect to information relating solely to law enforcement activities.
Acts 1971, 62nd Leg., p. 3072, ch. 1024, art. 1, Sec. 1, eff. Sept. 1, 1971. Amended by Acts 1993, 73rd Leg., ch. 516, Sec. 1, eff. Sept. 1, 1993.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 258 (S.B. 11), Sec. 15.01, eff. September 1, 2007.
Acts 2015, 84th Leg., R.S., Ch. 300 (S.B. 308), Sec. 1, eff. September 1, 2015.
Notes of Decisions
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017).
· cites it 7× “UIW contends it is a governmental unit for purposes of defending its campus police department because its “status and authority” to “create a law enforcement agency or police department” arise from laws passed by the Legislature that allow private universities to commission and…”
William Marsh Rice Univ. & Gary Spears v. Rasheed Refaey, 459 S.W.3d 590 (Tex. 2015).
· cites it 6× “” Tex. Educ. Code § 51.212(a). Without dispute, Rice University is a private institution of higher education (private university) and its police department employed Officer Spears pursuant to section 51.”
Ramirez v. Fifth Club, Inc., 144 S.W.3d 574 (Tex. App. 2004).
· cites it 3× “; see also Tex. Educ.Code Ann. § 51.212 (West 1996) (permitting private institutions of higher education to commission campus security personnel); Tex.”
Gette v. State, 209 S.W.3d 139 (Tex. App. 2006).
“Tex. Educ.Code Ann. § 51.212 (Vernon 1996).”
Romo v. Cavender Toyota, Inc., 330 S.W.3d 648 (Tex. App. 2010).
“002(c) ("The bond is not void on the first recovery but may be sued on from time to time in the name of an injured party until the whole amount of the bond is recovered"); TEX. EDUC.CODE ANN. § 51.212(c) (West Supp.”
Univ. of the Incarnate Word v. Redus, 474 S.W.3d 816 (Tex. App. 2015).
· cites it 2× “UIW contends it is a governmental unit with respect to its law enforcement activities because it derives its status and authority to operate a police department from Texas Education Code Section 51.212. The Reduses contend this court does not hold interlocutory jurisdiction…”
— Tex. Educ. Code § 51.212(a) — 7 cases
William Marsh Rice Univ. & Gary Spears v. Rasheed Refaey, 459 S.W.3d 590 (Tex. 2015).
“” Tex. Educ. Code § 51.212(a). Without dispute, Rice University is a private institution of higher education (private university) and its police department employed Officer Spears pursuant to section 51.”
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017).
“UIW contends it is a governmental unit for purposes of defending its campus police department because its “status and authority” to “create a law enforcement agency or police department” arise from laws passed by the Legislature that allow private universities to commission and…”
— Tex. Educ. Code § 51.212(a)(1) — 4 cases
Univ. of the Incarnate Word v. Redus, 474 S.W.3d 816 (Tex. App. 2015).
“UIW contends it is a governmental unit with respect to its law enforcement activities because it derives its status and authority to operate a police department from Texas Education Code Section 51.212. The Reduses contend this court does not hold interlocutory jurisdiction…”
— Tex. Educ. Code § 51.212(b) — 10 cases
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017).
“UIW contends it is a governmental unit for purposes of defending its campus police department because its “status and authority” to “create a law enforcement agency or police department” arise from laws passed by the Legislature that allow private universities to commission and…”
William Marsh Rice Univ. & Gary Spears v. Rasheed Refaey, 459 S.W.3d 590 (Tex. 2015).
“” Tex. Educ. Code § 51.212(a). Without dispute, Rice University is a private institution of higher education (private university) and its police department employed Officer Spears pursuant to section 51.”
— Tex. Educ. Code § 51.212(b)(1) — 5 cases
— Tex. Educ. Code § 51.212(c) — 6 cases
William Marsh Rice Univ. & Gary Spears v. Rasheed Refaey, 459 S.W.3d 590 (Tex. 2015).
“” Tex. Educ. Code § 51.212(a). Without dispute, Rice University is a private institution of higher education (private university) and its police department employed Officer Spears pursuant to section 51.”
Romo v. Cavender Toyota, Inc., 330 S.W.3d 648 (Tex. App. 2010).
“002(c) ("The bond is not void on the first recovery but may be sued on from time to time in the name of an injured party until the whole amount of the bond is recovered"); TEX. EDUC.CODE ANN. § 51.212(c) (West Supp.”
— Tex. Educ. Code § 51.212(d) — 1 case
— Tex. Educ. Code § 51.212(f) — 3 cases
Univ. of the Incarnate Word v. Redus, 518 S.W.3d 905 (Tex. 2017).
“UIW contends it is a governmental unit for purposes of defending its campus police department because its “status and authority” to “create a law enforcement agency or police department” arise from laws passed by the Legislature that allow private universities to commission and…”
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