OF EXAS 

AUSTIN IL& TEXAS 

WILL WILSON 

A1TOlauEY GENERAI. 

Honorable J. W. 

Commissioner of 

Texas Education 

Austin, Texas 

Dear Mr. Edgar: 

Edgar Opinion No. NW-1344 

Education 

Agency Re: Whether a city marshal1 has 

statutory authority to halt 

and board a school bus and 

in the presence of transportee school children perform a "safety inspection" 

while.the bus is in transit 

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 inspections of the buses, while said buses were in the actual process of transporting school children. You have requested the 

opinion of the Attorney.General on the following questions: 

June 6, 1962 

"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, consiable, 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 violations 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 prescribe. . . ." 

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 without 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 except "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 inspections 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 applicable 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 

CRL:sh 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

John Reeves 

Tom Peterson 

Joseph Trimble 

Robert Rowland 

Charles R. Lind ' 

Assistant Attorney General 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore