Honorable James A. Evans Opinion No. c-651 County Attorney Iavaca County Re: Whether a constablewho Hallettsville,Texas refuses to physically appear at the scene of traffic accidents is neglecting a duty of Dear Mr. Evans: his office. In your opinion request you state that there is a constable who has given public notice that he will no longer work any traffic accidents in his jurisdiction, Your question: Is the constable neglecting a duty of his office? The answer to this question is no. The publica- tion of such a notice Is not a neglect of his duty of office; however, Article 6885 of Vernon's Civil Statutes provides: "Each constable shall execute and return according to law all process, warrants and precepts to him directed and delivered by any lawful officer. attend unon all .Tustice courts held In his precinct and-perform-allsuch other duties as may be required of him by law." 7Emphasls added.) Article 2.13 of the 1966 Code of Criminal Procedure provides: ful means. He shall in every case where he Is authorized by the provisions of this Code, interfere without warrant to prevent or.sup- press crime. He shall execute all lawful nrocess issued to him by any magistrateor court. He Ll give nbticb -3155- -. Honorable James A. Evans, Page 2 (c-651) , taken before the proper magistrate or court and be trleo." (Emphasisadded.) When reading the last part of Article 6885, Vernonrs Civil Statutes, togetherwith Article 2.13, 1966 Code of Criminal Procedure,It seems clear that the constable does have a duty to work traffic accidents, when he has good reason to believe that there has been a violation of the penal law Involved in such accidents, which occur within his jurisdiatlon. Therefore, It Is the opinion of this office that while the mere publicationof an Intention not to work traffic accidents within his jurisdictionwould not be a neglect of a constable'sduty of office, his actual refusal to investigatesuch an accident, when he has good reason to believe that there has been a violation of the penal law, would be a neglect of his duty of office. SUMMARY The publicationof a notice of Intention that a constablewill no longer work any traffic accidents In his jurisdictionis not a neglect of a constable'sduty of office. A constabletsrefusal to work a traffic ac- cident where he has good reason to believe there has been a violation of the penal law involved in such accident is a neglect of a constablers duty of office. Yours very truly, WAGGONER CARR Attorney General of Texas Assistant Attorney General REO/er APPROVED: OPINICN COMMITTEE W. V. Genpert, Chairman Charles Gwanner ~Larry~Craddook John Ranks Howard-Fender -31 ST- t . 4 Honorable James A. Evans, Page 3 (c-651) APPROVED FOR THE ATTORNEY GENERAL By: T. B. Wright -3157-