Texas Attorney General Opinion: LO97-111 Page: 1 of 6
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Office of the attorney generall
State of texag
DAN MORALES
ATTORNEY GENERAL December 10, 1997
The Honorable Jerry Patterson Letter Opinion No. 97-111
Chair, Veteran Affairs
& Military Installations Committee Re: Authority of part-time peace officers
Texas State Senate employed by a junior college district and related
P.O. Box 12068 question (ID# 39605)
Austin, Texas 78711
Dear Senator Patterson:
On behalf of the chief of police of the San Jacinto College Police Department, you request
an opinion from this office regarding the San Jacinto College District's practice of hiring peace
officers on a part-time basis, and its practice of providing and charging for security for events held
by others at San Jacinto College facilities.
San Jacinto College District (the "district") is a college district operating San Jacinto College
(the "college"), a public junior college.' Your request letter indicates that the district maintains its
own police department under section 51.203 of the Education Code. In addition to employing fiull-
time peace officers, the district also hires off-duty police officers from other jurisdictions on a part-
time basis to patrol the college campus and "work" special events. Thus, the first question your
request raises is whether the part-time peace officers have the same powers as the district's full-time
peace officers.
To determine the police powers of the part-time peace officers, we look at section 51.203 of
the Education Code pursuant to which, you indicate, the district maintains its own police department.
'See Educ. Code g 130.0011 (providing that public junior colleges shall be two-year institutions primarily
serving their local taxing districts and service areas in the state), .031 (providing that junior colleges may be established
as union, county, or joint-county junior college districts), .084 (junior college board of trustees governed in
establishment, management and control of junior college by general law governing establishment management and
control of independent school districts insofar as general law is applicable), .197 (specifying territory included within
San Jacinto College District's service area); Shepherd v. San Jacinto Junior College Dist., 363 S.W.2d 742, 742 (Tex.
1962) (San Jacinto Junior College District organized as union junior college district under provisions of forme V.T.C.S.
art. 2815h, now codified at Educ. Code 130.031).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-111, text, December 10, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277293/m1/1/?q=%221997~%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.