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 enforcement 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 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 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 designated 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 

E 

earn officerc in the actual discharge of the r official duties from the penal provisions of Article 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 expressly 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 

'?Section 1. 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 per6ons 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, 

~~%?' dirk 

or in his saddle bags any 

cane, &pear & 

dagger sling-shot, sword 

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,;,shall be 

punished b fine not leso than @l$)oOOO, 

nor more t L 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 

on one’s own premise8, 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 ; *nor to the Game, Fish and Gyster 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’&& diecharge of his dutier in the county of his reeldence, 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 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 ~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 citiaeno‘generally, or those of any ward of the 

city or oubdivision thereof, or may be by personai notification.~ Such special police force 
lion. Aug. Celaya - Page l+, V-199 

while in service, shall be subject to the orders 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 Commisoionersl Court in certain counties to employ certain additional 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 designating 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 under 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 necessity that the Consitutional Rule requiring 

bills to be read on three several days in each 

House be suspended, and said Rule is hereby suspended, 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 meaeure for the protection of.:stock raisers and apprehending 

rustlers and thieves who were stealing stock, and 

T'" not intended~to authorize the Commlssionerst Courts: of 

the respective stock-raising counties 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 : opinion of .thia department, person8 appointed 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 connection therewith, a,s they 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. 

v.,c. s., 

Since the~peroons described in Article 15&b, 

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’exclusion 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 under 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 

t 

of Article 483, of the Penal Code, 

y Article 484 of the Penal Code, which exem ts 

P 

peace officers from such provision8 and 

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 

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