OF EXAS AUSTIN IL&

TEXAS WILL WILSON A1TOlauEY GENERAI.

Honorable J. W. Commissioner of Texas Education Austin, Texas

Dear Mr. Edgar: Edgar OpinionNo. 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 childrenperform a "safety inspection" while.the bus is in transit and related question. Your opinion request and subsequent correspondencehas shown that a citymarshal1 has stopped schoolbuses after trafficviolations have occurred and thenmade 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.Generalon the following questions: June 6, 1962

"1. Does a citymarshal1 have statutory, authority to halt and board a schoolbus and in the presence of transportee school children perform

. . .'safety inspection'while in transit on the streets of the city?" "2. Does the citymarshal1 have authority to conduct alleged safety inspectionsof school buses on Its schoolgrounds 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 showsupon its face that itwasHon. J. W. Edgar Page 2 OpinionNo. W-1344

intended as a comprehensivecode for the regulation of traffic on highways, and was consideredby the Legislature as both a civil and a criminal statute. The intent of the Legislature is clearly shown by Section 154,which reads: 'ThisAct may be cited as theUniform 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, defineswho are peace officers:

I,

. . the sheriff and his deputies, consiable, the marshall, or policeman of an incorporated town or city, the officers, noncommissionedofficers and privates of the State ranger force, and any private person specificallyappointed to execute criminalprocess." (Emphasisadded) A peace officermaking a legal arrestmay also make a contemporaneoussearch 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 citymarshal1 may, upon making a legal arrest for a violation of the traffic regulations of this State, make a contemporaneous search for furtherviolations of the law. But official inspection stationsare establishedby Article 6701d, Sections 140 and 141, et sec.,Vernon's Civil Statutes, Sec. 140 (d) of which provides in part:

"The Departmentmay, in its discretion, permit inspectionas hereinprovided to be made by State inspectorsunder such terms and conditionsas the Departmentmay 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 OpinionNo. 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 differentplace is specificallyreferred to in a given section,"Article 6701d, Section 21, Vernon's Civil Statutes. Therefore, the citymarshal1 does not have the authorityunder this statute tomake an alleged "safety inspection" of the schoolbus while it is parked on the school gounds or at school facilities. SUMMARY Only official inspection stations and State inspectorsmay perform safety inspectionsupon motor vehicles, etc.; a city marshal1 iswithout such authority.
A citymarshal1 may, upon making a legal arrest,make a contemporaneoussearch of the vehicle for further violations of the law. Article 6701d,V.C.S., is only applicable to vehicleswhile driven or moved upon highways exceptwhere a different place is specificallyreferred 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 ' AssistantAttorney General

REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore