- . - ECNEY GENERAL OFT'EXAS Honorable James U, Cross Opinion No. M-1183 Executive Director Texas Parks and Wildlife Department Re: Participation of De- John H. Reagan Building partment in riot con- Austin, Texas 78701 trol actions Dear Mr, Cross: "j Your request lists the following questions: 1. Is the Parks and Wildlife Department required to participate in riot control actions? By what authority are we so directed? 2, If this Department is required to participate in riot control actions, is the response au- tonomous; or under what chain of command is the response made? 3, If the Parks and Wildlife Department is re- quired to respond, please indicate the funding authority for actual response as well as for training and equipment expenditures. Various provisions of Vernon's Code of Criminal Procedure have application to your first question. Article 2.12 makes peace officers of the game management officers commissioned by the Parks and Wildlife Department. Article 2,13 gives every peace officer the duty to preserve the peace by all lawful means. Article 6-06 gives peace officers the duty to prevent offenses being committed or about to be committed within his presence or view, The duty to disperse riots is placed upon every peace officer by Article 8,04, Since the game management officers of the Department are designated as peace officers, they have the duty under the foregoing statutes to preserve the peace and to disperse riots. -5774- Honorable James U, Cross, page 2 (M-1183) The second question is answered partly by the statutes al- ready listed and by other provisions of the Code of Criminal Procedure, Article 2,14 authorizes a peace officer meeting with resistance in the discharge of his duties to summon aid from the citizens of his county, An officer dispersing a riot is expres- sly authorized to call for the aid of citizens, Art. 8,Ol and 8,050 A game management officer therefore may act autonomously, since he has the duty of any peace officer to disperse riots; and he should act when summoned to the aid of other officers engaged in riot control, Regarding your final question about funding for riot con- trol equipment, training, and response, you are advised that while no provision of the General Appropriations Act (Acts 62nd Leg,, R,S, 1971, ch, 1047, ppO 3421, et seq) provides funds ex- pressly for riot control purposes, the following items in the appropriation for the Parks and Wildlife Department may be used for those purposes: Item 9: 'Consumable supplies and materials, current and recurring operating ex- penses (excluding travel), maintenance and operation of passenger cars and air- craft, capital outlay including passenger cars," (Acts 62nd Leg,, R,S, 1971, ch, 1047, po 36041, Item 17: "Salaries, travel, and other operating expenses of Game Management Officers" (Acts 62nd Leg,, R,S, 1971, ch, 1047, pn 36061, SUMMARY Game management officers commissioned by the Parks and Wildlife Department are peace officers and therefore have the duty of any peace officers to preserve the peace and disperse riots, Game management officers may act autonomously to dis- perse a riot or in response to a request for aid from other peace officers, Funds provided in items 9 and 17 of the Parks and Wildlife Depart- ment allocation for supplies and materials and -5775- . - Honorable James U. Cross, page 3 (M-1183) operating expenses may be used for riot control equipment, training, and response. Yo& very truly, Prepared by Roland Daniel Green III Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E. Allen, Co-Chairman Jack Sparks Charles Lind Roland Allen Gordon Cass SAMUEL D. MCDANIEL Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -5776-
Document Info
Docket Number: M-1183
Judges: Crawford Martin
Filed Date: 7/2/1972
Precedential Status: Precedential
Modified Date: 2/18/2017