THE ATTOWNET GENERAL. 

OF TEXllS 

January 11, 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 purchasing 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 purchasing 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