THE ATTOWNET GENERAL.
OF TEXllS
January11, 1988
Honorable Travis S. Ware Opinion No. JM-841
Criminal District Attorney
Lubbock County Courthouse Re: Whether article 18.17
P. 0. Box 10536 of the Code of Criminal
Lubbock, Texas 79408 Procedure requires peace
officers employed by a
state institution of higher
education to deliver
abandoned and unclaimed
property to the county pur-
chasing agent (RQ-1251)
Dear Mr. Ware:
P You ask whether article 18.17 of the Code of Criminal
Procedure requires peace officers employed by a state
institution of higher education to deliver abandoned and
unclaimed property to the county purchasing agent.
You provide the following background information
which has prompted your question.
The campus security personnel of [a
state] institution of higher learning
. . . who are commissioned as peace officers
in this state, have been turning over
abandoned and unclaimed property which has
come into their possession to the
institution of higher learning which is
selling the abandoned and unclaimed
property.
House Bill No. 2187, Acts 1987, 70th Leg., ch. 1002,
51, at 6792, effective September 1, 1987, amended article
18.17, Code of Criminal Procedure to read, in pertinent
part, as follows:
(a) All unclaimed or abandoned personal
property of every kind, except whiskey, wine
and beer, seized by any [state-or--eeanty]
peace officer in the State of Texas which is
p. 4059
Honorable Travis S. Ware - Page 2 (JM-841)
not held as evidence to be used in any
pending case and has not been ordered
destroyed or returned to the person entitled
to possession of the same by a magistrate,
which shall remain unclaimed for a period of
30 days shall be delivered for sale to the
purchasing agent of the municivalitv or
county in which the property was seized. If
a veace officer of a municivalitv seizes the
provertv. the veace officer shall deliver
the wror+rtv to the vurchasina agent of the
municivalitv. If anv other veace officer
seizes the vrovertv. th veace of.fxer shall
uver the vrovertv toethe vurchasinu auent
of the county. If the county has no pur-
chasing agent, then such property shall be
sold by the sheriff of the county.
(Emphasis reflects change in wording in
article 18.17 resulting from amendment.)
It appears that your concern has been prompted by the
general provision in the amendment which states "If any
other peace officer seizes the property, the peace officer
shall deliver the property to the purchasing agent of the
county."
In the Bill Analysis to H.B. No. 2187 it is stated:
BACKGROUND
Article 18.17, Code of Criminal
Procedure, provides for the disposition by a
county of unclaimed or abandoned personal
property seized by peace officers. No
similar procedure is prescribed for
municipalities.
This bill would require municipalities to
dispose of seized property in the manner
currently provided for counties to do so.
Bill Analysis to H.B. No. 2187, 70th Leg. (1987), on file
in Legislative Reference Library.
Section 51.203 of the Education Code provides for
campus security at institutions of higher learning, as
follows:
p. 4060
Honorable Travis S. Ware - Page 3 (JM-841)
The governing boards of each state
institution of higher education may employ
campus security personnel for the purpose of
carrying out the provisions of this
subchapter and may commission them as peace
officers. Any officer commissioned under
this section is vested with all the vowers,
privileses. and immunities of veace officers
while on the vrovertv under the control and
iurisdiction of the institution of hisher
education or otherwise in the verformance of
his duties. 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 and his successors in office, with
two or more good and sufficient sureties,
conditioned that he will fairly,
impartially, and faithfully perform all the
duties that may be required of him by law.
The bond may be sued on from time to time in
the name of any person injured until the
whole amount of the bond is recovered.
(Emphasis added.)
Section 51.213 of the Education Code authorizes the
governing boards of the state institutions of higher
learning to promulgate rules providing for the disposition
of abandoned and unclaimed personal property as follows:
The sovernina board of each state
institution of hiaher education, includinq
public iunior colleues, is authorized to
promulaate rules and reuulations vrovidinq
for the disvosition of abandoned and
unclaimed versonal vrovertv coming into the
possession of the campus security personnel
where the personal property is not being
held as evidence to be used in any pending
criminal case. (Emphasis added.)
Section 21.483 of the Education Code is similar to
section 51.203 in that it authorizes the board of trustees
of any public school district to employ campus security
personnel. Like section 51.203, it provides that "Any
officer commissioned under this section is vested with all
the powers, privileges, and ~immunities of peace officers
while on the property under the control and jurisdiction.
of the district. . . .'I In construing section 21.483, it
p. 4061
Honorable Travis S. Ware - Page 4 (m-841)
was stated in Attorney General Opinion JM-239 (1984) that
the scope of peace officer's powers under this section
depends upon the nature and scope of their. duties as
defined by the employing school district board of trustees
and applicable sections of the Education Code.
It appears your concern is whether the amendment of
article 18.17 by H.B. No. 2187 repeals section 51.213 of
the Education Code since the amendment of article 18.51 is
the later enactment.
Section 311.026 of the Government Code provides
generally that a special statute prevails over a general
statute unless the general provision is the later
enactment & the manifest intent is that such provision
prevail. See Attorney General Opinion MW-261 (1980).,
When the amendment of article 18.17 of the Code of
Criminal Procedure is construed together with sections
51.203 and 51.213, it becomes apparent that the general
provision of the amendment of article 18.17 did not
reflect a manifest legislative intent to repeal the
special provisions applying to campus security personnel
of institutions of higher learning under section 51.203
and 51.213.
-7
Article 18.17 of the Code of CriminalProcedure as
amended by H.B. No. 2187, does not require 'peace officers
employed by a state institution of higher learning to
deliver abandoned and unclaimed property to the county
purchasing agent where the governing board of the state
institution of higher learning has promulgated rules and
regulations for the disposition of such property pursuant
to the provisions of sections 51.203 and 51.213 of the
Education Code.
SUMMARY
Article 18.17 of the Code of Criminal
Procedure, as amended by House Bill No.
2187, 70th Legislature (1987), does not
require peace officers employed by a state
institution of higher learning to deliver
abandoned and unclaimed property to the
county purchasing agent where the governing
body of the state institution of higher
learning has promulgated rules and -,,
regulations for the disposition of such
property pursuant to the provisions of
sections 51.203 and 51.213 of the Education
Code.
p. 4062
Honorable Travis S. Wa~re - Page 5 (JM-841)
Very truly y+$, ,
I
MATTOX
Attorney General of Texas
MARY KELLER
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
,-
p. 4063