. l 

The Attorney General of Texas I 

.- January 15, 1982 ” 

MARK WHITE 

Attorney General 

Supreme Court BulldinS 

P. 0. Box 1254a 

Auatln. TX. 78711 

512/475-2501 

TolaX Qlom74.13S7 

Telecopier 512/475&I255 

1507 Main St.. Suile 1400 

DalIan. TX. 75201 

214l7428944 

4S24 Alberta Ave., Suite 150 

El Paso. TX. 79905 

915l533.3454 

1220 Dallas Ave.. Suite 202 

Houdon. TX. 77002 

713mwa555 

905 Broadway. Suite 312 

Lubbock. TX. 79401 

SOW747.5238 

4309 N. Tenth. Suite S 

McAllen. TX. 78501 

5126S24547 

200 Main Plaza. Suite 400 

San Antonio, TX. 78205 

5121225-4191 

An Equal OpportunityI 

Allirmative Action Employer 

Mr. Fred Toler, Executive Director Opinion No. MW-426 

Texas Commission on Law Enforcement 

Officer Standards and Education 

220-E Twin Towers Office Building 

1106 Clayton Lane 

Austin, Texas 78723 

Dear Mr. Toler: 

Re: Appointment of peace 

officers identified in article 

2.12, section 8 

You have requested our opinion regarding whether a district court 

or county court at law may appoint and commission a peace officer 

pursuant to article 2.12, section 8 of the Texas Code of Criminal 

Procedure and if so whether that person so appointed must be licensed 

as a peace officer pursuant to article 4413(29aa), V.T.C.S. 

Article 2.12 of the Code of Criminal Procedure provides in 

pertinent part: 

The following are peace officers: 

. . . 

(8) any private person specially appointed 

to execute criminal process.... 

Criminal process issues to aid in the detection or suppression of 

crime. Bloss v. State, 75 S.W.2d 694 (Tex. Crlm. App. 1934). It 

includes warrants for arrest. Id. Article 2.12 itself does not 

authorize the appointment of any person to execute criminal process. 

We must look to other statutes for such authority. 

Articles 15.14 and 15.15 of the Code of Criminal Procedure 

authorize the execution of a single warrant of arrest by a suitable 

person where the services of a peace officer cannot be procured. A 

magistrate may specifically appoint a private person by having such 

person named in the warrant. These statutes are designed for the 

protection of a private person by temporarily vesting that private 

person with the same rights, duties and liabilities of a peace officer 

during the execution of a criminal warrant. This authority terminates 

when the purpose of his appointment is attained. See O’Neal v. State, 

22 S.W. 25 (Tex. Grim. App. 1893). 

- 

p. 1450 
. l Hr. Pred Toler - Paga 2 (HW-426) 

Article 45.20 of the Code of Criminal Procedure 

justice of the peace to appoint any person other than a 

to execute a warrant of arrest by specially naming that 

authorizes a 

peace off leer 

person in the 

_ 

warrant. There are no restrictions placed on the authority of the 

justice of the peace to appoint a private person other than that it 

must be deemed a necessary appointment. See also Code Grim. Proc. 

art. .%.Ol (authorizing an individual who is not a peace officer to 

serve subpoenas in criminal actions).’ 

Articles 15.14, 15.15. and 45.20, of the Code of Criminal 

Procedure cannot be utilized to vest a person with the general and 

extended powers of a peace officer since these statutes are intended 

to deal with one particular execution of criminal process. A private 

person’s authority as a peace officer expires upon execution of the 

warrant. Due to the temporary nature of an appointment pursuant to 

articles 15.14, 15.15, and 45.20, a person so appointed would not need 

to be licensed as a peace officer. See V.T.C.S. art. 4413(29aa), 

- 

§6(b)l. 

SUMMARY 

Article 2.12 of the Code of Criminal 

Procedure defines as peace officers those persons 

who occupy a position which has otherwise been 

provided for statutorily or constitutionally. It 

Is not an enabling act and does not grant a 

district court or county court at law authority to 

appoint and conmission peace officers. 

Very truly yours, 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by J. D. Hooper 

Assistant Attorney General 

APPROVED: 

OPINION COHMITTEE 

Susan L. Garrison. Chairman 

Jon Bible 

Rick Cilpin 

J. D. Hooper 

Jim Moellinger 

p. 1451