R-358


## TEE ATTOXCNEY GIENERAL

OF TEXAS

May 15, 1947

Hon. Aug. Celaya, Chairman Liquor Regulation Committee House of Representativea Auatin, Texao OpinionNo. V-199

Re: Authority of law enforcement officersappointed 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 appointedby Commisrioners' 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 arreoto and performother acto in connect.ion therewith in the samemanner as other duly conotitutedpeace officero of such counties provided oaid CommisoioneroCourta have designated their dutieo to includethe 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 Eearn officerc in the actual discharge of the r official duties from the penal provisions ofArticle 483, P, C. apply to officers appointedby Commissionera,kourtsunder the provisions of Article 1581b,R. C. S. asouming that said officershave been appoked and commisofoned by such CommisoioneroCourts in themanner expressly providedby oaidArticle 15$lb?"
Article 158lb of Vernon'o Civil Statutes reads in part as followo:Hon. Aug. Calaya - Page 2, V-199

'?Section

1. In all counties in this state having five thousand (5,000)or more cattle, sheep and goats renderedfortaxation, such countiesmay employ certain additional law enforcement officersas hereinafterprovided,
%ece 2, To aid in the enforcementof all penal laws of this state,and ferreting out and detecting any violations thereof, the CommisaioneraCourt of countieshaving five thousand (5,000)or more cattle, sheep and goat6 rendered for taxationmay, if they deem it necessary,and are hereby authorized to, employ in addition to the officersnow providedfor 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, 6hallbe paid in excess of Five ($5*00)Dollars per day while in actual service. Such court shafldesignate the duties to be performedby all euchper6ons and shall require them to make monthly reports in writing to said courtas to the manner inwhich they have performed such duties."
Article 483 of VernonPs Penal Code,dealing with the unlawful carrying of arms, providesas followo:

Whoever shall carry on or about hi6 Paddle, ~~%?' dirk or in his saddlebags any

cane, &pear & dagger sling-shot, sword

knuckfesmade of any metal or any hard subotance,bowie knife, or any other knife manufactured or sold for the purpose6 of offense or defense,;,shall be punishedb finenot leso than @l$)oOOO, nor more tL n $500.00 or by confinement in jail for not lee6 than onemonth nor more than one year**
The exception6to the provisionsof the above, statute are found in Article 484 of Vernon"s Penal Code, which reads:

The preceding,Articleshallnot aplrly-to a person in actual serviceas a militianan, nor to any peace officer in the actual discharge 3f. .

. .’

lion. Aug. Celaya - Page 3, V-199

his official duty, nor to on one’s ownpremise8, or to persons traveling, nor ble, or special policeman the carrying of arms place of business, nor to any deputy constawho receives a co_mpen-

. sation of forty dollars or more per month for his oerviceo as such officer, and who la appointed in confonrity with the statutea authoriaing ouch appointnent ; *norto the Game, Fish and Gyster Commissioner, nor to any deputy, whenin the actual discharge of his duties as such nor to any game’uarden or local deputy Game fiish and Oyster Commire{oner whenin the a’&& diecharge of his dutier in the county of his reeldence, nor shall it apply to any gamewarden or deput Game, Fish and Oyrter Commisrioner who f actua ly receives from the State fees or cornpen-, eation for his oerviceo.n Fea~ceofficers 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 marl hal ‘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 ‘execute criminal process.” Special policemen mentioned in Article @!I+, l upra, are provided for only in Article 995 

### of Vernon’s Civil Statutes and are not distingui~ehed ~byan.yothers 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~ mumsoninto .~ service a8 a special poiiceforce all or as manyof the citiaeno as in his ju&ment may be necessary. Such oummone. may be by procla- .,.. mation or other order addressed to the citiaeno ‘generally, or those of any ward of the city or oubdivision thereof, 

### or maybe by personai notification.~ Such special police forcelion. Aug. Celaya - Page l+, V-199

while in service, shall be subjectto the orders of the mayor, shall perform such duties as he may require, and ohall have the same power while on duty as the regularpolice force of said city.n Article 15&b, supra, authorizesthe Commisoionersl Court in certain countiesto employ certainadditional officers, whose duties are set out in Section 2 thereof, to aid in the enforcementof all penal lawo of this State and ferret out and detect any violatione thereof. There is no provision in this Article designating these officersas “peace officers",no;h& ",",",'" any authority granted them to make arrests. not designated as ueace officersby Article 36, Code of Criminal Procedure, nor are they special policemenunder 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 Statedo not have adequate protection, and the particular fact that under the present meat shortage stock raisers of the State are subjectto many new rings of rustlers and thieves, createo an emergency and an imperativepublicnecessity that the ConsitutionalRule requiring bills to be read on three severaldays in each House be suspended,and saidRule is hereby suspended, and this Act shall take effect and be in force from and after its passage,and it is so enacted." Clearlythis law was passed as a specialmeaeure for the protectionof.:stock raisers and apprehending rustlers and thieves who were stealing stock, and T'" not intended~to authorizethe Commlssionerst Courts: of the respective stock-raisingcounties to createe new peace officer group to take the place of the hereinbefore defined peace officers.Hon. Aug. Celaya - Page 5, V-199

In the:

opinionof .thiadepartment,person8 appointed by the Commiasioner~~ Courta8 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 connection therewith, a,sthey are only investigator8to aid the duly constitutedpeace officers in the enforcement of the law. Your Question No. 1 is therefore answered in the negative.

v.,c. s., Since the~peroonsdescribed in Article 15&b,

are not peace officer8 ae defined by Article 36 Code of Criminal Procedure, or constitutedas oeace ofiicers by any other statute they are not in the’exclusion of Article 484 of the'Pena1 Codewhich 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 countiesunder Article 158lb, 'Vernon'~ Civil Statute8, are not authorizedto enforce the liquor laws of Texas in their respective countiesand make arrest in connection therewith as they are only investigatorsto aid the duly constituted peace officerc in the enforcement of the law,
Such persons are not peace officers as defined byArticle 36 of the Code of Criminal Procedure, and,

are: not exempt from the penal~ rovisions t of Article 483, of the Penal Code, y Article 484 of the Penal Code, which exem ts P peace officers from such provision8and al aws 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