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# TheAttorney General ofTexas I .- January 15, 1982 ” MARKWHITE AttorneyGeneral

SupremeCourt BulldinS P.0. Box1254a Auatln.TX. 78711 512/475-2501 TolaXQlom74.13S7 Telecopier 512/475&I255

1507MainSt..Suile 1400 DalIan.TX. 75201 214l7428944

4S24Alberta Ave.,Suite 150 ElPaso.TX. 79905 915l533.3454

1220Dallas Ave..Suite202 Houdon. TX. 77002 713mwa555

905Broadway. Suite312 Lubbock.TX. 79401 SOW747.5238

4309N.Tenth. Suite S McAllen. TX. 78501 5126S24547

200Main Plaza. Suite400 SanAntonio, TX. 78205 5121225-4191

AnEqualOpportunityI Allirmative Action Employer Mr. Fred Toler, Executive Director Opinion No. MW-426 Texas Commission on LawEnforcement Officer Standards and Education 

### 220-ETwinTowers Office Building 1106 Clayton Lane Austin, Texas 

### 78723 Dear Mr. Toler: Re: Appointment of peace officers identified in article 2.12, section 8

Youhave 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 apeace 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. Wemust 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 mayspecifically 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 samerights, duties and liabilities of a peace officer during the execution of a criminal warrant. This authority terminates whenthe 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 awarrant of arrest by specially naming that authorizes a peace offleer 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. Aprivate 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, and45.20, aperson 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. GRAYIII Executive Assistant Attorney General Prepared by J. D. Hooper Assistant Attorney General APPROVED: OPINIONCOHMITTEE Susan L. Garrison. Chairman Jon Bible Rick Cilpin J. D. Hooper JimMoellinger

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