Education Code Flashcards
Sec. 51.201.
APPLICABILITY OF CRIMINAL LAWS.
All the general and criminal laws of the state are declared to be in full force and effect within the areas under the control and jurisdiction of the state institutions of higher education of this state.
Sec. 51.202.
RULES AND REGULATIONS.
(1) limiting the rate of speed;
(2) assigning parking spaces and designating parking areas and their use and assessing a charge for parking;
(3) prohibiting parking as it deems necessary;
(4) removing vehicles parked in violation of institutional rules and regulations or law at the expense of the violator;
Sec. 51.203.
CAMPUS PEACE OFFICERS.
(1) is vested with all the powers, privileges, and immunities of peace officers;
(2) may, in accordance with Chapter 14, Code of Criminal Procedure, arrest without a warrant any person who violates a law of the state; and
(3) may enforce all traffic laws on streets and highways.
Sec. 51.204.
TRESPASS, DAMAGE, DEFACEMENT.
(b) It is unlawful for any person to:
(1) trespass on the grounds of an institution of higher education or of a private or independent institution of higher education; or
(2) damage or deface any of the buildings, statues, monuments, memorials, trees, shrubs, grasses, or flowers on the grounds of an institution of higher education or of a private or independent institution of higher education.
Sec. 51.205.
PARKING; BLOCKING OR IMPEDING TRAFFIC.
It is unlawful for any person to park a vehicle on any property under the control and jurisdiction of a state institution of higher education of this state except in the manner designated by the institution and in the spaces marked and designated by the governing board, or to block or impede traffic through any driveway of that property. All laws regulating traffic on highways and streets apply to the operation of vehicles within the property of the institution, except as may be modified in this subchapter.
Sec. 51.206.
PARKING AND TRAFFIC TICKETS; SUMMONS; ARREST WARRANTS.
In connection with traffic and parking violations, only the officers authorized to enforce the provisions of this subchapter have the authority to issue and use traffic tickets and summons of the type used by the Texas Highway Patrol, with any changes that are necessitated by reason of this subchapter. On the issuance of any parking or traffic ticket or summons, the same procedures shall be followed as prevail in connection with the use of parking and traffic violation tickets by the cities of this state and the Texas Highway Patrol. Nothing in this subchapter restricts the application and use of regular arrest warrants.
Sec. 51.207.
VEHICLE IDENTIFICATION INSIGNIA; VEHICLE PERMITS.
(a) Each public institution of higher education may provide for the issuance and use of suitable vehicle identification insignia. The institution may bar or suspend the permit of any vehicle from driving or parking on any institutional property for the violation of any rule or regulation promulgated by the board as well as for any violation of this subchapter. Reinstatement of the privileges may be permitted and a reasonable fee assessed.
Sec. 51.208.
PENALTY; COURTS HAVING JURISDICTION.
(b) A person who violates any provision of this subchapter or any rule or regulation promulgated under this subchapter commits an offense. An offense under this subsection is a misdemeanor punishable by a fine of not more than $200.
(c) The judge of a municipal court or any justice of the peace of any city or county where property under the control and jurisdiction of an institution of higher education or of a private or independent institution of higher education is located is each separately vested with all jurisdiction necessary to hear and determine criminal cases involving violations of this subchapter or rules or regulations promulgated under this subchapter for which the punishment does not exceed a fine of $200.
Sec. 51.209
UNAUTHORIZED PERSONS; REFUSAL OF ENTRY, EJECTION, IDENTIFICATION.
(a) In this section, “institution of higher education” and “private or independent institution of higher education” have the meanings assigned by Section 61.003.
(b) The governing board of an institution of higher education or a private or independent institution of higher education or the governing board’s authorized representatives may refuse to allow persons having no legitimate business to enter on property under the board’s control, and may eject any undesirable person from the property on the person’s refusal to leave peaceably on request. Identification may be required of any person on the property, and the person must provide that identification on request.
Sec. 37. 122.
POSSESSION OF INTOXICANTS ON PUBLIC SCHOOL GROUNDS.
(a) A person commits an offense if the person possesses an intoxicating beverage for consumption, sale, or distribution while:
(1) on the grounds or in a building of a public school; or
(2) entering or inside any enclosure, field, or stadium where an athletic event sponsored or participated in by a public school of this state is being held.
(a-1) It is a defense to prosecution under this section that the person possessed the intoxicating beverage:
(1) at a performing arts facility; and
(2) during an event held outside of regular school hours and not sponsored or sanctioned by a school district.
(b) An officer of this state who sees a person violating this section shall immediately seize the intoxicating beverage and, within a reasonable time, deliver it to the county or district attorney to be held as evidence until the trial of the accused possessor.
(c) An offense under this section is a Class C misdemeanor.
Sec. 37. 123.
DISRUPTIVE ACTIVITIES.
(a) A person commits an offense if the person, alone or in concert with others, intentionally engages in disruptive activity on the campus or property of any private or public school.
(b) For purposes of this section, disruptive activity is:
(1) obstructing or restraining the passage of persons in an exit, entrance, or hallway of a building without the authorization of the administration of the school;
(2) seizing control of a building or portion of a building to interfere with an administrative, educational, research, or other authorized activity;
(3) preventing or attempting to prevent by force or violence or the threat of force or violence a lawful assembly authorized by the school administration so that a person attempting to participate in the assembly is unable to participate due to the use of force or violence or due to a reasonable fear that force or violence is likely to occur;
(4) disrupting by force or violence or the threat of force or violence a lawful assembly in progress; or
(5) obstructing or restraining the passage of a person at an exit or entrance to the campus or property or preventing or attempting to prevent by force or violence or by threats of force or violence the ingress or egress of a person to or from the property or campus without the authorization of the administration of the school.
(c) An offense under this section is a Class B misdemeanor.
Sec. 37. 124.
DISRUPTION OF CLASSES.
(a) A person other than a primary or secondary grade student enrolled in the school commits an offense if the person, on school property or on public property within 500 feet of school property, alone or in concert with others, intentionally disrupts the conduct of classes or other school activities.
(b) An offense under this section is a Class C misdemeanor.
(c) In this section:
(1) “Disrupting the conduct of classes or other school activities” includes:
(A) emitting noise of an intensity that prevents or hinders classroom instruction;
(B) enticing or attempting to entice a student away from a class or other school activity that the student is required to attend;
(C) preventing or attempting to prevent a student from attending a class or other school activity that the student is required to attend; and
(D) entering a classroom without the consent of either the principal or the teacher and, through either acts of misconduct or the use of loud or profane language, disrupting class activities.
Sec. 37. 125.
EXHIBITION, USE, OR THREAT OF EXHIBITION OR USE OF FIREARMS.
(a) A person commits an offense if, in a manner intended to cause alarm or personal injury to another person or to damage school property, the person intentionally:
(1) exhibits or uses a firearm:
(A) in or on any property, including a parking lot, parking garage, or other parking area, that is owned by a private or public school; or
(B) on a school bus being used to transport children to or from school-sponsored activities of a private or public school;
(2) threatens to exhibit or use a firearm in or on property described by Subdivision
(1) (A) or on a bus described by Subdivision
(1) (B) and was in possession of or had immediate access to the firearm; or
(3) threatens to exhibit or use a firearm in or on property described by Subdivision
(1) (A) or on a bus described by Subdivision (1)(B).
(b) An offense under Subsection (a)(1) or (2) is a third degree felony.
(c) An offense under Subsection (a)(3) is a Class A misdemeanor.
