Untitled Texas Attorney General Opinion ( 1971 )

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TnE ATI-ORNEY GENERAL
January 4, 1971
Honorable Robert R. Farmer Opinion No. M-767
Assistant Criminal District
Attorney Re: Whether or not members
Brazoria~County Courthouse of Pearland (a city of
Angleton, Texas 77515 less than 10,000) auxl-
liary p6llce are "peace
officers", 'whether or
not city council has
authorlty to~appolnt aux-
iliary police, whether or
not such officers are sub-
ject to the requirements
Dear Mr. Farmer: of Article 4413 (29aa).
In your recent letter you ask the following questions:
1. Is an auxiliary officer appointed under
Article 998, Vernon's Civil Statutes *
a peace officer pursuant to Article 4413
.(29aa)?
2. Does the city council have the power to
ap oint auxiliary officers under Article
99E?
3. Do said officers have to be certified as
required under the provision of Article
4413 (29aa)?
In three separate o inions, Numbers o-5621 (1946),
w-997 (1961)) and ~-282 (196 8 ), this office unlfornilyheld
that auxiliary police officers of a city of a population of
less than 10,000 are "peace officers" as that term is used
in these statutks. More directly In line with the questions
You present is the discussion in Attorney General's Opinion
No. ~-282, supra, dealing with the authority of-an auxiliary
police officer to carry a pistol. The precise question there
was as follows:
*All references to Articles are to Vernon's Civil Statutes.
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Hon. Robert R. Farmer, page 2 (M- 767)
"1. May the City of Port Neches, not bein
covered by the Civil Service
1269 V A.C.S.) d having a popula-
tionmAf iess thana?O,OOO organize an
auxiliary police force when the members
thereof do-not receive compensation,
and may these members carry weapons
in the performance of their duties?"
To this question Opinlon ~-282 replied in part as follows:
"In llne with the Attorney General's
Opinion No. WW-997 (1961), supra, which
the Legislature has not seen fit to void
in the seven years since its issuance,
it is the opinion of this office that if
the members of your proposed police force,
by whatever name such force may be desig-
nated, are appointed under the provisions
of, and In compliance with the requirements
of Article 998, or similar home rule char-
ter provisions, they will be peace officers
and as such, while in the actual discharge
of their official duties will b b h
provisions of Article 484, specifically
e' ' t e
exempted from the prohibitions of Article
483; and accordingly, your first question
is answered in the affirmative."
Adhering to the rationale of that opinion, your first
question is answered in the affirmative. Similarly, it follows
that the city council of Pearland does have the power to appoint
auxiliary police officers under Article 998, Vernon's Civil
Statutes.
While any peace officer, including an auxiliary offi-
cer, may be ap olnted on a temporary basis under the provisions
of Section 6(bP of Article 4413 (29aa), Vernon's Civil Statutes,
without qualifying under said Act, such temporary offker must
qualify and be certified within one year of his appointment to
maintain his status as a peace officer.
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Hon. Robert R. Farmer, page 3, (M- 767)
SUMMARY
The City Council of Pearland does have the
authority to appoint auxiliary police pur-
suant to Article 998, Vernon's Civil Sta-
tutes; and such officers during their
tenure are "peace officers" and must com-
ply with the certification requirements of
Article 4413 (29aa), Ve non's Clvll'Statutes.
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General of Texas
Prepared by Max P. Flusche, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. I?.Allen,.Co-Chairman
Ray McGregor
Lonny Zwiener
John Reese
Gordon Cass
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant Attorney General
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