April 28, 1969 

Honorable W. C. Lindsey 

Criminal District Attorney 

Jefferson County Courthouse 

Beaumont, Texas~ 

Opinion NO. ~~-381 

HB: Authority of a 

constable to 

form a standby 

auxiliary force 

under stated 

Dear Mr. Lindsey: facts. 

In your letter 

asked the following 

“1. 

"2. 

"3. 

"4 . 

"5. 

You 

What authority, if any, does a 

constable have to form a standby 

auxlllary force? 

If such authority exists, what 

procedure should be followed 

in activating the auxiliary 

force? 

If such authority exists, may 

the auxiliary officer carry 

a pistol while on official 

duty? 

If such authority exists, will 

the auxiliary officer be permitted to work alone, or will 

he have' to work under the 

Immediate direction of the 

constable br a deputy constable? 

Would the auxiliary officer be 

entitled to compensation or 

would they be required to 

serve without compensation?" 

further state: 

"The proposed auxiliary fbrce:wlll 

number about '5O,.,m9n,, These ~n~~Wka~..s~. 

will attend 'tralnlng'd~&ss~~'much like 

rookie policemen are required to do now. 

to Attorney General Martin, you 

questions: 

- .18.86 - 
Honorable W. C, Lindsey, Page.2, (M- 381 ) 

Constable Rollin@ has 'Informed 

me,that if an auxiliary force 

Is perniltted, he ititenda to~use 

them in civil disorders, disaaters, parades, civic functiona, 

ballgames, etc.“ 

Ai%lcle 6879 and 6879 (a), Vernon's Clvl.1 Statutes, ~., 

set forth the rules governing' the appointment of,deputy " 

constables. You will note that the Commissioner@' Court 

is required to approve and'confin! the appointment of .:' :. 

deputy constables, and that each coristable Is llmited.,~.',~. I' ~1. 

in the number of deputies he may appoint. Therefore, 

it Is 'our opinion that a constable ddes not have the 

authority to form a staridby auxiliary force by the 

appointment 'of deputies. 

The various Btatutes which authorize the constables 

(and sheriff, etc.) tci call citizens to their aid &tieaimed at specific emergency situations and"do not Contemplate a permanent organlzatioti to give euch aid.' 

We also observe that the'leglalature has outlawed 

bodies of citizens, other than the state and federal 

mllltla, from associating themselves together in a 

militia-type organization and carrying firearms In 

public. See Article 5780, Section 6, Vernon's Civil 

Statutes. 

Since our researoh of the Texas Statutes and Constitution fails to disclose any authority which would 

permit or authorize a constable to form an auxiliary 

force, It Is unnecessary to answer your other questions 

which were conditioned on the existence of such authority. 

SUMMARY 

There is no statutory or constitutional authority for a constable 

to form a standby auxiliary force 

for olvil disaster or police duty 

as contemplate@ under the stated 

facts. 

ruly yours, 

- 1887 - 
Honorable W. C. Lindsey, Pa@ 3, (M- 381 ) 

Prepared by Howard M. Fender 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE: 

Kerns Taylor, Chaiman 

George Kelton, Vioe-Chairman 

Tom Bullington 

Harold Kennedy 

Jay Floyd 

Bob Gwen 

W. V. Geppert 

Staff Legal Assistant 

Hawthorne Philllpe 

Executive Assistant 

- 1888 -