Bon. ml. Scanlan

Assistant CountyAttorney Brownsville, Texas

Dear Mr. scanlanr Opinion I&c. O-207 Re: Sheriff's legal right for issui-g commissionsto 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 certainpersona acting as watcIa+n, poundmasters,and others whose lusiness requires them to carry large sunsof money on theirtpersons?

Article 3902 of the Revised Civil Statutes of Texas reads, in part, as follows:

Yinenever any district, county orprecinct office shall require the services of dsputies; assistants or clerks in the performanceof his duties he shall apply to the County Ccmaissicners' Court of his county for authority to appoint such deputies, assistants or clerks, statingby 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, cammissionsand compensation to be collected by said officeduring the fiscal year and the probable disbLlrsaments which shall'include all salaries and expenses of said office; and said court shallmake its order authorizing the appointment of such deputies, assistants and clerks and fix the compensationto be paid them wit'bin the limitationsherein prescribed and determine the number to be appointed
as in the discretion of said courtmay be proper; provided that inno case shall the Commissioners* Court or anymember thereof attempt to influence the appointment of any person as deputy, assistant or clerk in any offica. Upon the entryof ;-:-h order the officersapplying for such assist- ~~-2s. deputies or clerks shall be authorizedto appoint them; proTided that said compensation shall not exceed themaximm~ amount hereinafter set cut*"Ron. Rx. Soanlan, Page 2 (o-207) 

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The statute sets out specifically the manner inwhich appointments of deputies are to be made. When sworn application in the form above outlined has beenpresented 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 shallhave tha power, by writing, to

appoint one or more deputies for their respective counties, to continuein office duringthe pleasure of the sheriff, who shall have power and authority to perform all the acts and duties of theirprincipals; and every person so appointed shall,before he entersupon the duties of his office, take and subscribe to the official oath which shallbe indorsad
on his appointment, togetherwith the certificateof 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 appointedby 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 justiceprecinct,and a list of these appointients shall be posted up in a conspicuous place in the clerk'soffice. An indictmentfor a felony of any deputy sheriff appointed shall operate a revocation of his appointment as such deputy sheriff.'

4rticle 6871 of the Revised Civil Statutesreads as follows:

"Wenever in a4y county it becomesnecessary to employ guards for the safe keeping of prisonersand the security of jails, the s:heriff may, v.tththe approval of the commissioners' conrt, or in case of emergency, with the approval of the county judge, employ suchnmher 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 Statutesreads as follows:,’ ,

, i

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

"Whenever the sheriff or any of hisdeputies shallmeet with resistance in the execution of any legal process, they shall call to their aid the power of the county: end any parsonwho shallneglect or refuse to aid and assist arqJsheriffcr deputy in the execution of any legal processwhen summonedto do so shall be deemed guilty of a contempt of court, and shall be finednot exceeding ten dollars,to be recovered on motion of such sheriffor his deputy and proof of suchneglect or refusal before the court from which suchprocess issued, three days' notice of suchmotion being given to ths party accused, ant in additiontkreto may be punished criminally as prescribed inthe Penal Code.'
Piithregardti county traffic officers, their appointment and the compensation to be paid them is fixed byArticle 6699,and are not to be considered in the limited number of deputy sheriffsthat is specifically provided for in the abovementioned 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'wersand compensation.

Invies of the foregoing authcrities,you are respectfully advised that it is the opinion of this De;artmentthat the sheriffdoes not have authority or the legalright to issue commissionsto personwho have jobs as watchmen or as poundmasters, or any other persons except hi themethod prescribed inArticles 3902 and 6569. Any other appointments
somade are without authority of law. Lancastervs. Carter, 255 S.D. 392.

Trusting that the foregoing answersyour inquiry,we are

vqr trulyyours

ATTCREEY G'L?SPA.L

OF TFXAS

Ry /s/Ardell Zllisms

Ardell Williams

Assistant