Honorable Wallace D. Beasley ExecutiveDirector Texas COmmiSSiOn on Law EnforcementOfficer standards

### timaEducation 503-E Sam Houston Building Austin,Texa8 70701

. Opinion No. M-966 Rer Standards of selection 

### aa training of Special Dear Sir: Rangers. 'You have inquired of this office whether certain described SpecialRangers are peace officers and thereby subject to the minimum standards **of** selection and training establishedby the Texas Commission on Law EnforcementOfficer Standards,andEducation. I quote from your opinion request

*There are a number of duly authorized statewide organizationswho have employees whose work in specialized fields closely parallelswork being done~by officers of the Department of Public Safety as well as,sheriffsand chiefs **of** police. To promote the necessary cooperationbetween these organizations

### aa various law enforcementofficers throughout the state, a number of such employees have been appointed Special Rangers under the provisions of Article 4413(U) (5)Vernon's Annotated Civil Statutes. Article 4413(29aa)Vernon's Annotated Civil Statutes requires all peace officers to comply with minimum standardsof selection and training as promulgatedby the Texas Commissionon Law EnforcementOfficer standards 

### aa Education. An opinion is requested as to whether such described Special Rangers,when commissioned as law enforcementofficers by the Department -4724--. .

HonorableWallace D. Beasley,page 2 (M-966)

of Public Safety, are peace officers, as defined in Article'

2.12 Texas Code of Criminal Procedure, and thereby subject to the minimum standards contained in Zuticle 4413129aa) Vernon’s Annotated Civil Statutes.' Article 4413(U) (5) Vernon'sAnnotated Civil Statutes (as recently amended) provides8

"(5) Special Rangers. The Commission 'shall have authority to appoint as Special Rangers honorably retired **commissioned** officers of the Texas Department **of** Public Safety, and shall, in addition,have authorityto appoint such number of Special Rangers as may be deemed advisable, not to exceed three hundred (300) in number8 such rangers shall not have any connectionwith any Ranger Company or uniformedunit of the Department of Public Safety, but they shall at all times be subject to the orders of the Commission 

### aa the GOVeMOr **for** special

### duty to the same extent as the other law enforcementofficers provided **for** in this Act) such Special Rangers, however, shall not have the authority to enforce any laws except those designed to protect life and property, and such’rengers are especially denied the authorityto enforce any laws regulating the use **of** the State highways by motor truck and motor buses and other motor vehicles. Such rangers shall not receive.any compensation **from** the State for their seridces, and before the issuance **of** the commission each such ranger shall enter into a good and sufficientbona executedby a Surety Company authorized to do business in Texas in the sum **of** Twenty-five Hundred Dollars ($2,500),approved by the'Director,indemnifyingall persons against damages accruing as the result of any illegal or unlawful acts on the part of such Special Ranger. All Special Ranger Conmissions shall expire on January 1st of the 

### odd year after appointment, and the Director can revoke any Special Ranger Commissionat any time for'cause, and such officer shall be designated in the Commission as Special Ranger."

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HonorableWallace D. Beasley, page 3 **(M-966)**

Article 2.12 Texas Code **of** Criminal Procedure (as amended in 1967) provides in pertinent part:

'The followingare peace officers:

. . . rangers and officers commissionedby the Public Safety Commissionand the Director of the Departmentof Public Safety

. . . ana any private person specially appointed to execute criminal process.. The personsyou have described are rangers and are therefore peace officers,even though they be full time employees of the various organizationsindicated. Article 4413(29aa)6ib), Vernon's Annotated&,vil Statutes, provides in pertinentpart:

*No person after September 1, 1970 shall be appointedaa a peace officer

. . . unless such person has satisfactorilycompleted a preparatory program of training in law enforcementat a school approvedor operated by the Commission.8
We find no authorized statutory exception to the foregoing insofar as the special rangers you have describedare concerned. It is thereforethe opinion of this office that persons employed by the statewideorganizations to conduct investigative work, but who are appointed special rangers,must meet the legal minimum standardsof,selection 

### aa training. SUMMARY ----m-w Employeesof statewide organizationswho have been appointedspecial rangers by the Public Safety Commissionto promote cooperationbetween their offices and the various law enforcement offices throughoutthe state, are peace officers and must comply with establishedminimum standards of selectionand training, as established by the Texas Connnission on Law Enforcement Officer Standardsand Education.

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Honorable Wallace D. Beasley, page 4 (M-966)

Prepared by Howard M. Fender Assistant Attorney General Kerns Taylor, Chairman W. E. Allen, Co-Chairman
W. Barton Baling Bob Lattimore Bill Craig Ken Nordquist SAM MCDANIEL Acting Staff Legal Assistant
ALFRED WALmR ExecutiveAssistant
NOLA WRITE First Assistant

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