CHC(LEGAL) - SITE MANAGEMENT: TRAFFIC AND PARKING CONTROLS
The governing board of each state institution of higher education, including public junior colleges, may promulgate rules and regulations for the safety and welfare of students, employees, and property, and other rules and regulations it may deem necessary to carry out the provisions of Education Code Chapter 51, Subchapter E and the governance of the institution, providing for the operation and parking of vehicles on the grounds, streets, drives, alleys, and any other institutional property under its control, including but not limited to the following:
- Limiting the rate of speed;
- Assigning parking spaces and designating parking areas and their use and assessing a charge for parking;
- Prohibiting parking as it deems necessary;
- Removing vehicles parked in violation of institutional rules and regulations or law at the expense of the violator; and
- Instituting a system of registration for vehicle identification, including a reasonable charge.
Education Code 51.202(a)
Parking, Blocking, or Impeding Traffic
It shall be 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, including a college district, 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 shall apply to the operation of vehicles within the property of the institution, except as may be modified in Education Code Chapter 51, Subchapter E. Education Code 51.205
Vehicle Identification Insignia
Each public institution of higher education, including each college district, 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 Education Code Chapter 51, Subchapter E. Reinstatement of the privileges may be permitted and a reasonable fee assessed. Education Code 51.207(a)
If the public institution of higher education campus is located in whole or part in an area in which a motor vehicle registered in the area is required to undergo a vehicle emissions inspection under Transportation Code Chapter 548, Subchapter F, the institution may not issue a permit to a student enrolled at the institution to park or drive a motor vehicle that is not registered in this state on institutional property unless the institution has provided written notice to the student concerning requirements for vehicle emissions inspections pursuant to Transportation Code Chapter 548, Subchapter F. Education Code 51.207(b)
If the public institution of higher education campus is not covered by Education Code 51.207(b), the institution may not issue a permit to a student of the institution for driving or parking a motor vehicle on institutional property unless the institution provides written notice to the student that failure to register the vehicle in this state may violate state law if the owner of the vehicle resides in this state.
Each institution of higher education that maintains a campus police force shall adopt procedures for enforcing State of Texas vehicle inspection laws for vehicles parking or driving on the campus of the institution.
Education Code 51.207(d)–(e)
Parking Privileges of Disabled Veterans
This section applies to a vehicle that:
- Is being operated by or for the transportation of the person who registered the vehicle under Transportation Code 504.202(a) or a person described by Transportation Code 504.202(b) if the vehicle is registered under that subsection; and displays special license plates issued under Transportation Code 504.202; or
- Displays license plates issued by another state of the United States that indicate on the face of the license plates that the owner or operator of the vehicle is a disabled veteran of the U.S. armed forces.
A qualifying vehicle may be parked for an unlimited period in a parking space or area that is designated specifically for persons with physical disabilities on the property of an institution of higher education, including a college district, regardless of whether a permit is generally required for the use of the space or area. An institution of higher education may require the vehicle to display a parking permit issued by the institution specifically for the purpose of implementing this section but may not charge a fee for the permit. This section does not entitle a person to park a qualifying vehicle in a parking space or area that has not been designated specifically for persons with physical disabilities on the property of the institution if the vehicle has not been granted or assigned a parking permit required by the institution.
This section does not apply to a parking space or area located in:
- A controlled access parking facility if at least 50 percent of the number of parking spaces or areas designated specifically for persons with physical disabilities on the property of the institution of higher education are located outside a controlled access parking facility;
- An area temporarily designated for special event parking; or
- An area where parking is temporarily prohibited for health or safety concerns.
Transp. Code 681.008(a)–(a-2)
Parking and Traffic Tickets
In connection with traffic and parking violations, only the officers authorized to enforce the provisions of Education Code Chapter 51, Subchapter E 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 Subchapter E. 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 Subchapter E restricts the application and use of regular arrest warrants. Education Code 51.206
A local authority, including a college district, may regulate, in areas in which the entity regulates parking or traffic, booting activities, including:
- Operation of booting companies and operators that operate on a parking facility;
- Any permit and sign requirements in connection with the booting of a vehicle; and
- Fees that may be charged in connection with the booting of a vehicle.
Regulations adopted under this section must:
- Incorporate the requirements of Occupations Code 2308.257 and 2308.258;
- Include procedures for vehicle owners and operators to file a complaint with the local authority regarding a booting company or operator; and
- Provide for the imposition of a penalty on a booting company or operator for a violation of Section 2308.258.
Occupations Code 2308.2085
This section shall not apply to a person who, while exercising a statutory or contractual lien right with regard to a vehicle installs or removes a boot or controls, installs, or directs the installation and removal of one or more boots; or a commercial office building owner or manager who installs or removes a boot in the building's parking facility. Occupations Code 2308.004
Speed Limits on Roads by a Campus
The governing body of an institution of higher education, including a college district board of trustees, may request that the governing body of a municipality or commissioners court of the county in which the institution is located or the Texas Transportation Commission hold a public hearing at least once each calendar year to consider prima facie speed limits on an eligible highway or road.
On request of the governing body of a school or institution of higher education following a public hearing held under this section, the commissioners court, municipal governing body, or Texas Transportation Commission, as applicable, shall conduct an engineering and traffic investigation for the highway or road that is the subject of the request. Following each public hearing held under this section, the governing body of a school or institution of higher education may make only one request for an engineering and traffic investigation.
Transp. Code 545.357
Transportation Network Companies
The regulation of transportation network companies, drivers logged in to a digital network, and vehicles used to provide digitally prearranged rides is an exclusive power and function of this state and may not be regulated by a municipality or other local entity, including by:
- Imposing a tax;
- Requiring an additional license or permit;
- Setting rates;
- Imposing operational or entry requirements; or
- Imposing other requirements.
This section does not affect the ability of a local authority, including a college district to:
- Take an action described by Transportation Code 542.202 or otherwise authorized by Transportation Code Title 7, Subtitle C that allows the local authority to adopt traffic rules in the jurisdiction of the authority if the rules are applied to transportation network company vehicles and drivers in the same manner as non-transportation network company vehicles and drivers; or
- Enforce a provision of Transportation Code Title 7, Subtitle C or any other state law relating to the operation of traffic on public roads.
Gov't Code 2402.003(a), (e)
A municipality or other local entity may contract with a transportation network company operating in the municipality's or entity's jurisdiction for the coordination of large events occurring in the municipality's or entity's jurisdiction. The agreement:
- May not exclude a transportation network company holding a permit under Government Code Chapter 2402 from providing services at the event; and
- Must have comparable terms for each company providing services at the event.
Gov't Code 2402.115
Automated Vehicles and Driving Systems
A political subdivision of this state, including a college district, or a state agency may not impose a franchise or other regulation related to the operation of an automated motor vehicle or automated driving system.
"Automated driving system" means hardware and software that, when installed on a motor vehicle and engaged, are collectively capable of performing, without any intervention or supervision by a human operator:
- All aspects of the entire dynamic driving task, as defined by Transportation Code 545.451(3) for the vehicle on a sustained basis; and
- Any fallback maneuvers necessary to respond to a failure of the system.
"Automated motor vehicle" means a motor vehicle on which an automated driving system is installed.
Transp. Code 545.451(1)–(2), .452(b)
Personal Delivery and Mobile Carrying Devices
The operation of a personal delivery or mobile carrying device in a pedestrian area or on the side or shoulder of a highway is governed exclusively by Transportation Code Chapter 552A, Subchapter A and any applicable regulations adopted by a local authority that are not inconsistent with Subchapter A.
A local authority may regulate the operation of a personal delivery or mobile carrying device on a highway or in a pedestrian area in a manner not inconsistent with Transportation Code Chapter 552A, Subchapter A. This section does not affect the authority of a local authority's peace officers to enforce the laws of this state relating to the operation of a personal delivery or mobile carrying device.
Transp. Code 552A.0002(a), .0009
"Mobile carrying device" means a device that transports cargo while remaining within 25 feet of a human operator and is equipped with technology that allows the operator to actively monitor the device.
"Personal delivery device" means a device that is manufactured primarily for transporting cargo in a pedestrian area or on the side or shoulder of a highway and is equipped with automated driving technology, including software and hardware, that enables the operation of the device with the remote support and supervision of a human.
Transp. Code 552A.0001(3), (5)
Photographic Traffic Signal Enforcement System
Notwithstanding any other law, a local authority may not implement or operate a photographic traffic signal enforcement system with respect to a highway or street under the jurisdiction of the authority.
Notwithstanding any other law, a local authority may not issue a civil or criminal charge or citation for an offense or violation based on a recorded image produced by a photographic traffic signal enforcement system.
Transp. Code 707.020(a), .021
"Photographic traffic signal enforcement system" means a system that consists of a camera system and vehicle sensor installed to exclusively work in conjunction with an electrically operated traffic-control signal and is capable of producing at least two recorded images that depict the license plate attached to the front or the rear of a motor vehicle that is not operated in compliance with the instructions of the traffic-control signal.
"Traffic-control signal" means a manual, electric, or mechanical device that alternately directs traffic to stop and to proceed.
Transp. Code 541.304(3), 707.001(3), (5)