### THE ATTORXEY GIZSEW,~. OF TEXAS

November 5, 1990

Honorable John Whitmire Opinion No. JR-1238 Chairman Intergovernmental Relations Re: Jurisdiction of tranSubcommittee onUrban Affairs sit officers in Harris Texas State Senate County (RQ-1907) P. 0. **BOX** 12068 Austin, Texas 78711
Dear Senator Whitmire:
Youhave requested our opinion about the effect of recent amendments to article 1118x,V.T.C.S., which relate to the jurisdiction of peace officers employed **by** the Metropolitan Transit Authority ofHarris County [hereafter MTA]. Senate Bill 1744of the 71st Legislature amended **SeCtiOn** 13(c) of article 1118x as follows:

(c)An authority may employ and commission its own peace officers with power to make arrests inall counties where the system is located when necessary toprevent or abate the commission ofan offense against the laws of the state or apolitical subdivision of the state when the offense or threatened offense occurs on or involves the system of the authority, to make arrests in cases of an offense involving injury or detriment to the system, to enforce all traffic laws and investigate traffic accidents which involve or occur in the system, and toprovide emergency and public safety services to the system or persons who use the system. Any person, for an authority inwhich the principal city has a population ofmore than 1.5 million according to the most recent decennial census, commissioned under this

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section must be a certified peace officer who meets the requirements of the Texas Commission on Law Enforcement Officer Standards and Education, who shall filewith the authority the sworn oath required ofpeace officers, and who isvested with all the powers, privileges, and immunities of peace officers in all counties where the system is located, provides services, or is supported by ageneral sales and use tax.
Acts 1989, 71st beg., ch. 671, 92, at 2216-17. The bill also amended the definition of "system" in section 2(f) of article 1118x to read as follows:

(f) 'System' means all real and personal property of every kind and nature whatsoever, .owned,rented, leased, under the control of or operated or situated on at any time by property of, or held anauthority formass transit purposes, including (without limiting the generality of the foregoing), land, interests in land, buildings, structures, rights-of-way, easements, franchises, rail lines, bus lines, stations, platforms, terminals, rolling stock, garages, shops, equipment and facilities (includingvehicle parking areas and facilities), other facilities necessary or .convenient for thebeneficial use and access of persons andvehicles to stations, terminals, yards, cars, andbuses, and control houses, signals and land, facilities and equipment for the protection and environmental enhancement of all such facilities, and, foran authority created before January 1, 1980, public parking areas, garages, facilities, and lots, and, for an authority inwhich theprincipal city has a population ofmore than 1.5million according to themost recent decennial census, the area within the boundaries wherein service is provided or is supported by. ageneral sales and use tax.
L 5 1at 2216. The amendments make clear that "system" now has a different meaning for the Harris County MTA (the only authority inwhich Vhe~principal city has apopulation of more than 1.5 millions) than it does for other transit

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authorities. In counties other than Harris, "system" is limited to the actual property of the authority. By contrast, inHarris County, the %ystem" includes the entire geographical areawithin the limits of the authority.
The bill analysis confirms this conclusion. It states, inpart:

Section & amends Subsection (f),Section 2, Article 1118x, VTCS, by expanding the definition of 'system' to include property rented, leased, controlled by or situated on the property of an authority formass transit purposes. Fo

ran citv ofmore than 1.5-ion. * \svstemI als bcludes allnrooertv within the service area. BillAnalysis, S.B. 1744, 71st beg. (1989) (emphasis added).
As aconsequence of thebroadened definition of %ystern"inHarris County, section 13(c) expands the jurisdiction of transit authority peace officers inHarris County to the entire geographical area of theMTA. Section 13(c) itself supports thisview by requiring that~anMTA transit officer 'must be a certified peace officer." It further provides that he isWested with all the powers, privileges, and immunities ofpeace officers" inevery county in which theMTA operates. It is reasonable to assume that the legislature, in expanding the jurisdiction of l4T.Apeace officers, would have insisted that theymeet the standards of other certified peace officers. Section 13(c)means that anRTA peace officer may make arrests inany county inwhich theMTA operates as long as the offense or threatened offense occurs within the MTA's geographical boundaries. Furthermore, anMTA officer is empowered to enforce traffic laws and investigate traffic accidents that occurwithin itsgeographical boundaries, and toprovide emergency and public safety services within the area. We conclude that the recent amendments have had the effect of expanding the jurisdiction of peace officers employed by theMTA to include the entire geographical area within which theMTA operates. SUMMARy Article 1118x, V.T.C.S., expanded the jurisdiction ofpeace officers employed by the Harris County Metropolitan Transit Authority

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to include the entire.geographical areawithin which the authority operates.

JIM MATTOX Attorney General of Texas
MARY KELLER First Assistant Attorney General
LouMCCREARY Executive Assistant Attorney General
JUDGE ZOLLIE STRAKLEY Special Assistant Attorney General
RENEA HICKS Special Assistant Attorney General
RICK GILPIN Chairman, Opinion Committee Prepared by Rick Gilpin Assistant Attorney General

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