Untitled Texas Attorney General Opinion ( 1947 )

R-358
TEE ATTOXCNEY GIENERAL
OF TEXAS
May 15, 1947
Hon. Aug. Celaya , Chairman
Liquor Regulation Committee
House of Representativea
Auatin, Texao Opinion No. V-199
Re: Authority of law enforce-
ment officers appointed
by certain Commiooionercl
. Courts under Article
1581-b, V.C.S.
Dear Sir:
your statementand request for an opinion ia
as fol$ows:
n1. May officera appointed by Commisrion-
ers' Courts to aid in the enforcement of all
penal lawo of this state1 as provided for in
Article 15glb of the Revised Civil Statutes of
Texas, enforce the liquor laws of Texas in
their respective countieo and make such ar-
reoto and perform other acto in connect.ion
therewith in the same manner as other duly
conotituted peace officero of such counties
provided oaid Commisoionero Courta have desig-
nated their dutieo to include the enforcement
of all penal laws of this State?
f?z-yL,
Does Article 484 of the Penal Code
of the State of TexaB, which exempts earn of-
ficerc in the actual discharge of theEr offi-
cial duties from the penal provisions of Arti-
cle 483, P, C. apply to officers appointed by
Commissionera,kourts under the provisions of
Article 1581b, R. C. S. asouming that said
officers have been appoked and commisofoned
by such Commisoionero Courts in the manner ex-
pressly provided by oaid Article 15$lb?"
Article 158lb of Vernon'o Civil Statutes reads
in part as followo:
Hon. Aug. Calaya - Page 2, V-199
'?Section1. In all counties in this state
having five thousand (5,000) or more cattle,
sheep and goats renderedfor taxation, such
counties may employ certain additional law
enforcement officers as hereinafter provided,
%ece 2, To aid in the enforcement of
all penal laws of this state, and ferreting
out and detecting any violations thereof,
the Commisaionera Court of counties having
five thousand (5,000) or more cattle, sheep
and goat6 rendered for taxation may, if they
deem it necessary, and are hereby authorized
to, employ in addition to the officers now
provided for by law as many other competent
and discreet oer6ons a6 in the judgment of
said court is~necesaary, and shall fix the
compensation; provided, however, no such
person, or oersons, 6hall be paid in excess
of Five ($5*00) Dollars per day while in
actual service. Such court shafl designate
the duties to be performed by all euch per-
6ons and shall require them to make monthly
reports in writing to said court as to the
manner in which they have performed such
duties."
Article 483 of VernonPs Penal Code, dealing
with the unlawful carrying of arms, provides as followo:
Whoever shall carry on or about hi6
Paddle, or in his saddle bags any
``%?' dirk dagger sling-shot, sword
cane, &pear & knuckfes made of any metal
or any hard subotance, bowie knife, or any
other knife manufactured or sold for the
purpose6 of offense or defense,;,shallbe
punished b fine not leso than @l$)oOOO,
nor more tL n $500.00 or by confinement
in jail for not lee6 than one month nor
more than one year**
The exception6 to the provisions of the above,
statute are found in Article 484 of Vernon"s Penal Code,
which reads:
The preceding ,Article shall not aplrly-to
a person in actual service as a militianan, nor
to any peace officer in the actual discharge 3f
.’
lion. Aug. Celaya - Page 3, V-199
. .
his official duty, nor to the carrying of arms
on one’s own premise8, or place of business, nor
to persons traveling, nor to any deputy consta-
ble, or special policeman who receives a. co_mpen-
sation of forty dollars or more per month for
his oerviceo as such officer, and who la appoint-
ed in confonrity with the statutea authoriaing
ouch appointnent ; *nor to the Game, Fish and Gy-
ster Commissioner, nor to any deputy, when in
the actual discharge of his duties as such nor
to any game’uarden or local deputy Game fiish
and Oyster Commire{oner when in the a’&& die-
charge of his dutier in the county of his reel-
dence, nor shall it apply to any game warden or
deput Game, Fish and Oyrter Commisrioner who
.
actua f ly receives from the State fees or cornpen-,
eation for his oerviceo.n
Fea~ce officers are defined by Article 36 of
the Code of Criminal Procedure, as follows:
“The following are ‘peace officeret: the
rheriff, and his deputies, constable, the mar-
lhal ‘or policemen of an incorporated town or
city, the officers, non-commissioned officero
and privates of the state ranger force, and
any private person specially appointed to ‘exe-
cute criminal process.”
Specialpolicemen mentioned in Article @!I+,
lupra , are providedfor only in Article 995 of Vernon’s
Civil Statutes and are not distingui~ehed ~by an.y others
statute. Article 995 provides:
Whenever the mayor deema It m&sea&,
in order to enforce the laws of the city, or ’ ,i
to avert danger, or to protect life or property,
in case of riot or,any outbreak or calamity or
public disturbance or when he has rea8on to fear
any serious violation of law or order, or any
outbreak or any other danger to said city or .~
the inhabitants thereof he shall~ mumson into
service a8 a special poiiceforce all or as
many of the citiaeno as in his ju&ment may .,..
be necessary. Such oummone.may be by procla-
mation or other order addressed to the citi-
aeno‘generally, or those of any ward of the
city or oubdivision thereof, or may be by per-
sonai notification.~ Such special police force
lion.Aug. Celaya - Page l+,V-199
while in service, shall be subject to the or-
ders of the mayor, shall perform such duties as
he may require, and ohall have the same power
while on duty as the regular police force of
said city.n
Article 15&b, supra, authorizes the Commiso-
ionersl Court in certain counties to employ certain ad-
ditional officers, whose duties are set out in Section
2 thereof, to aid in the enforcement of all penal lawo
of this State and ferret out and detect any violatione
thereof. There is no provision in this Article desig-
nating these officers as “peace officers", no;h& ",",",'"
any authority granted them to make arrests.
not designated as ueace officers by Article 36, Code of
Criminal Procedure, nor are they special policemen un-
der Article 995 of Vernon's Civil Statutes. They are
merely given the power to aid in the enforcement of the
laws and ferret out and detect violations thereof, or
to put it into other Woi-dS,they are to make investiga-
;pTa;d help peace officers apprehend violators of
.
Article 1581b, passed by the 48th Legislature,
which appears in Chapter 262, page 389 of the General
and Special Laws of Texas, provides:
*Sec. 4. The fact that the stock raisers
of this State do not have adequate protection,
and the particular fact that under the present
meat shortage stock raisers of the State are
subject to many new rings of rustlers and thieves,
createo an emergency and an imperative public nec-
essity that the Consitutional Rule requiring
bills to be read on three several days in each
House be suspended, and said Rule is hereby sus-
pended, and this Act shall take effect and be
in force from and after its passage, and it is
so enacted."
Clearly this law was passed as a special meae-
ure for the protection of.:stockraisers and apprehending
rustlers and thieves who were stealing stock, and
not intended~to authorize the Commlssionerst Courts: T'"
of
the respective stock-raising counties to createe new
peace officer group to take the place of the hereinbe-
fore defined peace officers.
Hon. Aug. Celaya - Page 5, V-199
In the :opinion of .thia department, person8 ap-
pointed by the Commiasioner`` Court a8 provided for in
Article 1581b, V. C.,S., are not authorized to enforce
the liquor law8 of Texar in their respective countieo,
and make such arreots and perform other acts in connec-
tion therewith, a,sthey are only investigator8 to aid
the duly constituted peace officers in the enforcement
of the law. Your Question No. 1 is therefore answered
in the negative.
Since the~peroons described in Article 15&b,
v.,c. s., are not peace officer8 ae defined by Article
36 Code of Criminal Procedure, or constituted as oeace
ofiicers by any other statute they are not in the’ex-
clusion of Article 484 of the'Pena1 Code which allow8
peace officers to carry arm8. Your second question is
therefore also anowered in the negative.
SUMMARY
Persons appointed by the Commi8sionerol
COUrtS of certain stock-raising counties un-
der Article 158lb, 'Vernon'~Civil Statute8,
are not authorized to enforce the liquor laws
of Texas in their respective counties and make
arrest in connection therewith as they are
only investigators to aid the duly constituted
peace officerc in the enforcement of the law,
Such persons are not peace officers as
defined by Article 36 of the Code of Criminal
Procedure, and,are:not exempt from the penal ~
rovisions of Article 483, of the Penal Code,
ty Article 484 of the Penal Code, which ex-
em ts peace officers from such provision8 and
alPaws them to carry am8 in the discharge of
their official dutieai
Yours very truly
ATTOWY GRNERAL OF TEXAS
ATTORN&X GUURAL
Robert A. Hall
As8irtaAt
RAH:jac:jr i