Bon. ml. Scanlan 

Assistant County Attorney 

Brownsville, Texas 

Dear Mr. scanlanr Opinion I&c. O-207 

Re: Sheriff's legal right for issui-g commissions to certain persons 

aotiog as Watcl'men, poundmasters, and 

others. 

Your request for an opinion on the follcwing question has bean 

received by this ofMcer Baa the sheriff the legal right to issue commissions to certain persona acting as watcIa+n, poundmasters, and others whose 

lusiness requires them to carry large suns of money on theirt persons? 

Article 3902 of the Revised Civil Statutes of Texas reads, in 

part, as follows: 

Yinenever any district, county or precinct 

office shall require the services of dsputies; 

assistants or clerks in the performance of his 

duties he shall apply to the County Ccmaissicners' 

Court of his county for authority to appoint such 

deputies, assistants or clerks, stating by sworn 

application the number needed, the position to be 

filled and the amount to be paid. Said application shall be accompanied by a statement showing 

the probable receipts from fees, cammissions and 

compensation to be collected by said office during 

the fiscal year and the probable disbLlrsaments 

which shall'include all salaries and expenses of 

said office; and said court shall make its order 

authorizing the appointment of such deputies, 

assistants and clerks and fix the compensation to 

be paid them wit'bin the limitations herein prescribed and determine the number to be appointed 

as in the discretion of said court may be proper; 

provided that in no case shall the Commissioners* 

Court or any member thereof attempt to influence 

the appointment of any person as deputy, assistant or clerk in any offica. Upon the entry of 

;-:-h order the officers applying for such assist- 

~~-2s. deputies or clerks shall be authorized to 

appoint them; proTided that said compensation 

shall not exceed the maximm~ amount hereinafter 

set cut*" 
Ron. Rx. Soanlan, Page 2 (o-207) 

!-- 

The statute sets out specifically the manner in which appointments of deputies are to be made. When sworn application in the form 

above outlined has been presented to ths Commissioners' Court, then the 

Ccmmissioners' Court has authority to make its own order authorizing the 

appointment of such deputies, assistanbs and clerks, fixing the ccmpensation of such deputies, assistants and clerks within the legal limitations 

and determines the number to be appointed, as in the discretion of tha 

Court is proper. 

Article 6869 of the Revised Civil Statutes of Texas reads in 

part as follows: 

"Sheriffs shall have tha power, by writing, to 

appoint one or more deputies for their respective 

counties, to continue in office during the pleasure 

of the sheriff, who shall have power and authority 

to perform all the acts and duties of their principals; and every person so appointed shall, before he 

enters upon the duties of his office, take and subscribe to the official oath which shall be indorsad 

on his appointment, together with the certificate of 

the officer administering ths same; and such appointment and oath shall be recorded in the office of the 

county clerk and deposited in said office. The number 

of deputies appointed by the sheriff of any one county 

shall.be limited to not exceeding three in the justice 

precinct. in which is locatedthe county site of such 

county, and one in each justice precinct, and a list of 

these appointients shall be posted up in a conspicuous 

place in the clerk's office. An indictment for a felony 

of any deputy sheriff appointed shall operate a revocation of his appointment as such deputy sheriff.' 

4rticle 6871 of the Revised Civil Statutes reads as follows: 

"Wenever in a4y county it becomes necessary to 

employ guards for the safe keeping of prisoners and 

the security of jails, the s:heriff may, v.tth the approval of the commissioners' conrt, or in case of emergency, 

with the approval of the county judge, employ such nmher of guards as may be necessary; and his eccount 

therefor, duly itemized and morn to shall ?x allowed by 

said court and pait out of the county treasuq." 

&ticla 6876 of the Ravised Civil Statutes reads as follows: 
,’ , 

, 

i 

Hon. TPm. Scanlan, Page 3 (o-207) 

"Whenever the sheriff or any of his deputies 

shall meet with resistance in the execution of any 

legal process, they shall call to their aid the 

power of the county: end any parson who shall neglect or refuse to aid and assist arqJ sheriff cr 

deputy in the execution of any legal process when 

summoned to do so shall be deemed guilty of a contempt of court, and shall be fined not exceeding 

ten dollars, to be recovered on motion of such 

sheriff or his deputy and proof of such neglect or 

refusal before the court from which such process 

issued, three days' notice of such motion being 

given to ths party accused, ant in addition tkreto 

may be punished criminally as prescribed in the 

Penal Code.' 

Piith regardti county traffic officers, their appointment and 

the compensation to be paid them is fixed by Article 6699, and are not to 

be considered in the limited number of deputy sheriffs that is specifically 

provided for in the above mentioned articles. 

Article 1015, Section 18, Revised Civil Statutes, gives the 

governing body of a city the right to appoint watchmen and policemen and 

prescribe their duties, po'wers and compensation. 

In vies of the foregoing authcrities, you are respectfully 

advised that it is the opinion of this De;artment that the sheriff does 

not have authority or the legal right to issue commissions to person who 

have jobs as watchmen or as poundmasters, or any other persons except hi 

the method prescribed in Articles 3902 and 6569. Any other appointments 

so made are without authority of law. Lancaster vs. Carter, 255 S.D. 392. 

Trusting that the foregoing answers your inquiry, we are 

vqr truly yours 

ATTCREEY G'L?SPA.L OF TFXAS 

Ry /s/Ardell Zllisms 

Ardell Williams 

Assistant