THE ATTORNEY GENERAL 

OF TEXAS 

October 21, 1987 

Honorable Roy Blake 

Chairman 

Administration Committee 

Texas State Senate 

P. 0. Box 12068 

Austin, Texas 78711 

Opinion No. m-813 

Re: Whether money obtained 

by a sheriff as a result of 

the confiscation of contraband may be used to purchase a patrol car 

Dear Senator Blake: 

You ask whether money the sheriff's office obtained 

as the result of the sale of an airplane confiscated in a 

marijuana raid may be expended for the purchase of a 

patrol car for the Cherokee County Sheriff's office. 

Section 5.08, article 4476-15, V.T.C.S., provides: 

(f) All money, securities, certificates 

of deposit, negotiable instruments, stocks, 

bonds, businesses or business investments, 

contractual rights, real estate, personal 

property and other things of value, and the 

proceeds from the sale of an item described 

in this subsection that are forfeited to the 

seizing agencies of the state or an agency 

or office of a Dolitical subdivision of the 

state authorized bv law to emDlov Deace 

officers shall be deDosited in a sDecia1 

fund to be administered bv the seizing 

asencies or office to which thev are 

forfeited. Except as otherwise provided by 

this subsection', exDenditures from this fund 

shall be used solelv for the investisation 

of anv alleaed violations of the criminal 

laws of this state. The director of an 

agency of the state may use not more than 10 

percent of the amount credited to the fund 

for the prevention of drug abuse and for 

treatment of persons with drug-related 

problems. The director of an agency or 

office of a political subdivision that has 

p. 3851 
Honorable Roy Blake - Page 2 (JB-813) 

received funds under this section shall 

comply with the request of the governing 

body of the political subdivision to deposit 

not more than 10 percent of the amount 

credited to the fund into the treasury of 

the subdivision. The governing body of the 

subdivision shall use the funds received for 

the prevention of drug abuse and for 

treatment of persons with drug-related 

problems. Nothing in this subsection shall 

be construed to decrease the total salaries, 

expenses, and allowances which an agency or 

office is receiving from other sources at or 

from the time this subsection takes effect. 

We will assume that the forfeiture of the airplane to 

the sheriff's office was in compliance with the procedures 

prescribed in article 4476-15. 

Sheriffs and their deputies are peace officers as 

that term is defined in article 2.12(l) of the Texas Code 

of Criminal Procedure. Sheriffs have the authority to 

;q;int deputies for their respective counties. Articles 

offibe 

6869b and 6869f, V.T.C.S. Thus, the sheriff's 

is an office of a political subdivision authorized 

by law to employ peace officers. 

The legislature has made it clear in section 5.08 

that expenditures from this fund shall be used solely for 

the investigation of any alleged violations of the 

criminal law. While the sheriff may use a patrol car in 

the investigation of criminal law violations, he is 

charged with other noncriminal law duties which involve 

the use of a car, such as the service of civil process. 

Tex. R. Civ. Proc. R. 15. This office is not in a 

position to determine whether a car purchased by the 

sheriff from such funds will be used solely for alleged 

violations of the criminal law. 

SUMMARY 

Expenditures from a fund the Sheriff of 

Cherokee County has received from forfeitures under section 5.08, article 4476-15, 

V.T.C.S. shalI be used solely for the 

investigation of any alleged violations of 

the criminal law. This office is not in a 

position to determine whether a car 

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Honorable Roy Blake - Page 3 (JM-813) 

purchased from such funds will be used 

solely for alleged violations of the law. 

JIM MATTOX 

Attorney General of Texas 

NARY KELLER 

Executive Assistant Attorney General 

JUDCE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney Gen,eral 

p. 3853