THE ATTOWNET GENERAL. OF TEXllS

January 11,1988

HonorableTravis S. Ware OpinionNo. JM-841 Criminal DistrictAttorney 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 institutionof higher education to deliver abandoned and unclaimed property to the county purchasing agent (RQ-1251)

**Dear Mr.**  **Ware:**

**P** You askwhether article 18.17 of the Code of Criminal

Procedure requires peace officers employed by a state institutionof higher education to deliver abandoned and unclaimedproperty to the countypurchasing agent.

You provide the following background information which has promptedyour question.

The campus securitypersonnel of [a state] institution of higher learning

. . .who are commissionedas peace officers in this state, have been turning over abandoned and unclaimed propertywhich 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 Procedureto read, in pertinent part, as follows:

(a)All unclaimed or abandoned personal property of every kind, exceptwhiskey, wine and beer, seized by any [state-or--eeanty] peace officer in the State of Texas which is

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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 sameby a magistrate, which shall remainunclaimed for a period of 30 days shallbe delivered for sale to the purchasing agent of the municivalitv or county inwhich the propertywas seized. If a veace officer of amunicivalitv 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 concernhas been prompted by the general provision in the amendmentwhich 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 BillAnalysis to H.B. No. 2187 it is stated:

BACKGROUND

Article 18.17, Code of Criminal Procedure,provides for the dispositionby a county of unclaimed or abandoned personal property seized by peace officers. No similar procedure is prescribed for municipalities.

This bill would requiremunicipalities to dispose of seized property in the manner currentlyprovided for counties to do so.
BillAnalysis to H.B. No. 2187, 70th Leg. (1987),on file in LegislativeReference Library.

Section 51.203 of the Education Code provides for campus security at institutions of higher learning, as follows:

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The governing boards of each state institutionof higher educationmay employ campus securitypersonnel for the purpose of carrying out the provisions of this subchapterandmay commissionthem as peace officers. Any officer commissioned under this section is vested with all the vowers, privileses. and immunitiesof veace officers while on the vrovertvunder the control and iurisdictionof 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 andhis successors in office, with two or more good and sufficient sureties, conditioned that he will fairly, impartially,and faithfullyperform all the duties thatmay be requiredof him by law. The bondmay be sued on from time to time in the name of any person injured until the whole amount of the bond is recovered. (Emphasisadded.)

Section 51.213 of the Education Code authorizes the governingboards of the state institutions of higher learning to promulgate rulesproviding for the disposition of abandoned and unclaimedpersonalproperty as follows:

The sovernina board of each state institutionof hiaher education, includinq public iunior colleues, is authorized to promulaate rules and reuulations vrovidinq for the disvosition of abandoned and unclaimedversonalvrovertv coming into the possession of the campus security personnel where the personal property is not being held as evidenceto be used in any pending criminal case. (Emphasisadded.)

Section 21.483 of the Education Code is similar to section 51.203 in that it authorizes the board of trustees of any public schooldistrict to employ campus security personnel. Like section 51.203, itprovides that "Any officer commissionedunder this section isvested with all the powers, privileges,and ~immunitiesof peace officers while on the property under the control and jurisdiction. of the district.

. . .'I In construing section 21.483, it

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was stated inAttorney General Opinion JM-239 (1984) that the scope of peace officer'spowers under this section depends upon the nature and scope of their. duties as defined by the employing school districtboard of trustees and applicable sections of the Education Code.

It appearsyour concern iswhether the amendment of article 18.17by 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 statuteprevails 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, itbecomes apparent that the general provision of the amendment of article 18.17 did not reflect a manifest legislative intent to repeal the specialprovisions applying to campus security personnel of institutionsof higher learning under section 51.203 and 51.213. -7 Article 18.17 of the Code of CriminalProcedure as amendedby H.B. No. 2187,does not require 'peace officers employedby a state institution of higher learning to deliver abandoned and unclaimed property to the county purchasing agentwhere the governingboard of the state institutionof 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 requirepeace officers employedby a state institutionof higher learning to deliver abandoned and unclaimed property to the countypurchasing agentwhere 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. -,,

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Very truly y+$,
, I

MATTOX Attorney General of Texas

MARY KELLER ExecutiveAssistantAttorney General

JUDGE ZOLLIE STEAKLEY SpecialAssistantAttorney General

RICK GILPIN Chairman,Opinion Committee
Preparedby Tom G. Davis AssistantAttorney General

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