DAN MORALES 

hTT0RNF.Y GPNERAL 

QTNfice of tip JWmwp @ened 

&ate of aexae 

January 19.1995 

Honorable Lynn Ellison 

District Attorney 

Atascosa County Courthouse 

Circle Drive, No. 5A 

Jourdanton, Texas 78026 

Dear Mr. Bllison: 

Opinion No. DM-3 18 

Re: whether articles 2.12 and 2.13. Code of 

criminal Prowdq autholize peace officers 

to enforce city oniinanccs (RQ-719) 

You ask “[wlhich peace officers are authorized by Articles 2.12 and 2.13, Texas 

Code of CriminaI Procedure to enforce city ordinances.” Article 2.12, captioned ‘Who 

are peace officers,” contains 26 entries including “sheriffs and their deputies,” “marshals or 

police officers of an incorporated city, town, or village,” “law enforcement agents of the 

Texas Alcoholic Beverage Commission,” “ officers commissioned by the General Services 

Commission.” “investigators commissioned by the Texas State Board of Medical 

Examiners,” “’ mvestigators employed by the Texas Racing Commission,” and “officers 

commissioned by the Texas High-Speed Rail Authority.” Code Crim. Proc. art. 2.12 

subsets. (l), (3). (6), (9). (17). (20). (23). Article 2.13 provides: 

It is the duty of every peace otlker to preserve the peace within 

his jurisdiction. To effect this purpose, he shall use all lawful means. 

He shall in every case where he is authorized by the provisions of this 

Code, interfere without warrant to prevent or suppress crime. He 

shall execute all lawfbl process issued to him by any magistrate or 

court. He shall give notice to some magistrate of all offenses 

committed within his jurisdiction, where he has good reason to 

believe there has been a violation of the penal law. He shall arrest 

offenders without warrant in every case where he is authorized by 

law, in order that they may be taken before the proper magistrate or 

court and be tried. 

In our opinion articles 2.12 and 2.13 do not in themselves authorize any “peace 

officers” to “enforce city ordinances.” The terms “offenses” and “penal law” in article 

2.13 must, we think, ‘refer to state law and not to municipal ordinances even where the 

latter are penal in nature. 

Notably, article 2.13, rather than merely “authorizing,” imposes a duty on “every 

peace ol?icer” to enforce the law as provided there. We think it would be anomrdous and 

that the legislature could not have intended that “every peace officer” Iisted in article 2.12. 

for example, a racing commission investigator, have a “duty” by virtue or ;rti.Ie 2.13 to 

p. 1686 
HonorableLynnEllison - Page 2 (DM-318) 

enforce ordinances of municipalities within his “jurisdiction” for example, ones pertaining 

to building code violati0ns.t We lind no reported cases involving the enforcement of 

mmicipal ordinances by peace officers other than the marshals or police of the city itself 

The authority of the latter to enforce city ordii derives not, we think, from articles 

2.12 and 2.13, but from the charter and/or ordinances of the city in conjunction and 

WMistent with state law provisions spwitic thereto. see, e.g., Local Govt code 

5 341.021 (marshal of type A general law municipality has same powers and jurisdiction 

wOeXeanewarrants,toprsventandsupp~crime,andtolrrestoffeadas”a9~, 

radshall”performothaduties,notinconristaawitb~elaw,thatthegovaningbody 

confbrs by ordimnw”); V.T.C.S. art. 6701d, 5 27 (local authotities may regulate tra5c 

-by lwans of police officers-). 

It may be that certain other peace officers on the article 2.12 list can be given 

luthoritytoenforcecertaincityordinancesundathepropaciraunstances,bPrtrgainwe 

do not think that this authority would derive fkom articles 2.12 and 2.13. See, e.g., 

V.T.C.S. art. 46g (airport secmity pet-so& commissioned by political subdivision 

operating airport); Local Oov’t Code ch. 362 (mutual law safe r-cement assistanw provided 

for by agmemem of counties, municipalities, and/or joint airports). Sii your question is 

limited to the effect of articles 2.12 and 2.13, we do not attempt here to resolve which 

peace 05cu-s may unda other laws, ordinances, etc. be law5lly given authority to 

enforce municipal ordinances. 

SUMMARY 

Code of Criminal Procedure articles 2.12 and 2.13 do not in 

themselves authorize peace officers to qlforce city OrdinMws. 

DAN MORALES 

Attorney General of Texas 
Honorable Lynn Ellison - Page 3 (DM-318) 

JORGE VEGA 

First Assistant Attorney General 

SARAH J. SHIRLEY 

Chair, Opinion Committee 

Prepared by William Walker 

Assistmt Attorney General 

p. 1688