OF EXAS
AUSTIN IL&TEXAS
WILL WILSON
A1TOlauEY GENERAI.
June 6, 1962
Honorable J. W. Edgar Opinion No. NW-1344
Commissioner of Education
Texas Education Agency Re: Whether a city marshal1 has
Austin, Texas statutory authority to halt
and board a school bus and
in the presence of trans-
portee school children per-
form a "safety inspection"
while.the bus is in transit
Dear Mr. Edgar: and related question.
Your opinion request and subsequent correspondence has
shown that a city marshal1 has stopped school buses after
traffic violations have occurred and then made safety inspec-
tions of the buses, while said buses were in the actual pro-
cess of transporting school children. You have requested the
opinion of the Attorney.General on the following questions:
"1. Does a city marshal1 have statutory,
authority to halt and board a school bus and
in the presence of transportee school children
perform . . .'safety inspection' while in
transit on the streets of the city?"
"2. Does the city marshal1 have authority
to conduct alleged safety inspections of school
buses on Its school grounds or at school
facilities?"
Under the factsas presented, It is assumed that the
city marshal1 was notacting under a city ordinance.
Article 6701d, Section 153, V.C.S..,provides:
"Any peace officer is authorized to arrest
without warrant any person found committing a
violation of any provisions of this Act."
The Court in Gann v. Keith, 151 Tex. 626, 253 S.W.2d 413(1952)
stated:
"Article 6701d is a very comprehensive law,
and the act shows upon its face that it was
Hon. J. W. Edgar Page 2 Opinion No. W-1344
intended as a comprehensive code for the
regulation of traffic on highways, and was
considered by the Legislature as both a
civil and a criminal statute. The intent
of the Legislature is clearly shown by
Section 154, which reads: 'This Act may
be cited as the Uniform Act Regulating
Traffic on the Highways.' The Act shows
that it was intended to cover and regulate
traffic in every respect on the highways of
the State."
In this connection, Article 36, Vernon's Code of
Criminal Procedure, defines who are peace officers:
I, . . the sheriff and his deputies, con-
siable, the marshall, or policeman of an
incorporated town or city, the officers,
noncommissioned officers and privates of
the State ranger force, and any private
person specifically appointed to execute
criminal process." (Emphasis added)
A peace officer making a legal arrest may also make
a contemporaneous search of the vehicle for further viola-
tions of the law. Baker v. State, 225 S.W.2d 828 (Tex.Crim.
1950); Scott v. State, 114 S.W.2d 565 (Tex.Crim. 1938).
It is, therefore, our opinion that the city marshal1
may, upon making a legal arrest for a violation of the
traffic regulations of this State, make a contemporaneous
search for further violations of the law.
But official inspection stations are established by
Article 6701d, Sections 140 and 141, et sec., Vernon's
Civil Statutes, Sec. 140 (d) of which provides in part:
"The Department may, in its discretion,
permit inspection as herein provided to be
made by State inspectors under such terms
and conditions as the Department may pre-
scribe. . . ."
This Section leaves little doubt but that the statutory
authority for safety inspections is confined to official
inspection stations and State inspectors of the Department
of Public Safety; and that other peace officers are with-
out such authority.
Hon. J. W. Edgar Page 3 Opinion No. WW-1344
It is also our opinion that Article 6701d is an act
relating exclusively to the operation of a vehicle while
being driven or moved upon the highways of this State ex-
cept "where a different place is specifically referred to
in a given section," Article 6701d, Section 21, Vernon's
Civil Statutes. Therefore, the city marshal1 does not have
the authority under this statute to make an alleged "safety
inspection" of the school bus while it is parked on the
school gounds or at school facilities.
SUMMARY
Only official inspection stations and
State inspectors may perform safety inspec-
tions upon motor vehicles, etc.; a city
marshal1 is without such authority.
A city marshal1 may, upon making a legal
arrest, make a contemporaneous search of
the vehicle for further violations of the
law. Article 6701d, V.C.S., is only appli-
cable to vehicles while driven or moved
upon highways except where a different
place is specifically referred to.
Yours very truly,
WILL WILSON
Attorney General of Texas
Charles R. Lind '
CRL:sh Assistant Attorney General
APPROVED:
OPINION COMMITTEE:
W. V. Geppert, Chairman
John Reeves
Tom Peterson
Joseph Trimble
Robert Rowland
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore