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Houston Criminal Defense Attorney - Texas Code of Criminal Procedure Art. 2.123 College Police

Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law


The Texas Code of Criminal Procedure series continues today by covering adjunct police officers. It allows a police chief or sheriff within counties under 200,000 in population to appoint up to 50 peace officers to universities.


The geographical area where these officers may serve


is limited to the private institution's campus area and an area that is (1) adjacent to the campus, (2) does not extend further than a distance of one mile from the perimeter of the campus of the private institution; and (3) is inhabited primarily by students or employees of the private institution.


I'd call this the college apartment jurisdiction rule. Campus police have a special appreciation for the issues that policing young students can bring and this exception allows their jurisdiction to follow the students if they live near campus.


A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer.


This statute was added in 1987 and has gone unamended in that time.



Art. 2.123. ADJUNCT POLICE OFFICERS. (a) Within counties under 200,000 population, the chief of police of a municipality or the sheriff of the county, if the institution is outside the corporate limits of a municipality, that has jurisdiction over the geographical area of a private institution of higher education, provided the governing board of such institution consents, may appoint up to 50 peace officers who are commissioned under Section 51.212, Education Code, and who are employed by a private institution of higher education located in the municipality or county, to serve as adjunct police officers of the municipality or county. Officers appointed under this article shall aid law enforcement agencies in the protection of the municipality or county in a geographical area that is designated by agreement on an annual basis between the appointing chief of police or sheriff and the private institution. (b) The geographical area that is subject to designation under Subsection (a) of this article may include only the private institution's campus area and an area that: (1) is adjacent to the campus of the private institution; (2) does not extend further than a distance of one mile from the perimeter of the campus of the private institution; and (3) is inhabited primarily by students or employees of the private institution. (c) A peace officer serving as an adjunct police officer may make arrests and exercise all authority given peace officers under this code only within the geographical area designated by agreement between the appointing chief of police or sheriff and the private institution. (d) A peace officer serving as an adjunct police officer has all the rights, privileges, and immunities of a peace officer but is not entitled to state compensation and retirement benefits normally provided by the state to a peace officer. (e) A person may not serve as an adjunct police officer for a municipality or county unless: (1) the institution of higher education submits the person's application for appointment and certification as an adjunct police officer to the chief of police of the municipality or, if outside a municipality, the sheriff of the county that has jurisdiction over the geographical area of the institution; (2) the chief of police of the municipality or sheriff of the county to whom the application was made issues the person a certificate of authority to act as an adjunct police officer; and (3) the person undergoes any additional training required for that person to meet the training standards of the municipality or county for peace officers employed by the municipality or county. (f) For good cause, the chief of police or sheriff may revoke a certificate of authority issued under this article. (g) A private institution of higher education is liable for any act or omission by a person while serving as an adjunct police officer outside of the campus of the institution in the same manner as the municipality or county governing that geographical area is liable for any act or omission of a peace officer employed by the municipality or county. This subsection shall not be construed to act as a limitation on the liability of a municipality or county for the acts or omissions of a person serving as an adjunct police officer. (h) The employing institution shall pay all expenses incurred by the municipality or county in granting or revoking a certificate of authority to act as an adjunct police officer under this article. (i) This article does not affect any duty of the municipality or county to provide law enforcement services to a geographical area designated under Subsection (a) of this article. Added by Acts 1987, 70th Leg., ch. 1128, Sec. 1, eff. Aug. 31, 1987.


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