llonorable William W. Day 

County Attorney 

Calhoun County Courthouse 

Port Lavaca, Texas 77979 

Dear Sir: 

Opinion NO. M-1026 

We: Reserve Deputy 

Sheriffs 

You have requested the opinion of this office concerning 

certain statutes passed by the Sixty-second Legislature creating and governing a new classification of peace officer 

known as "Reserve Deputy Sheriff". Your inquiry is so restricted as to eliminate our consideration of *Reserve Deputy 

Constable' and “Reserve Police Officer*. 

Your inquiry concerns the following questioner 

1. Is the "grandfather clause* applicable to a “Reserve 

Deputy Sheriff"7 

2. May an uncompensated “Reserve Deputy Sheriff" legally 

carry a weapon and function as a police officer? 

3. Is recompense for equipment and uniforms optional to 

the county? 

4. May private concerns employ “Reserve Deputy Sheriffs" 

for pay and assign them as security officers, watchmen, bouncers, 

etc? 

s. May a "Reserve Deputy Sheriff* function alone or must 

he ue accompanied by a *regular" officer? 

b. An inquiry concerning county liability to a 

Reserve Deputy Sheriff that is answered by Attorney General 

Opinion DO. M-990 (19711, a copy of which has been sent you 

under separate cover. 

-5002- 
Donorable William W. Day, page 2 (M-1026) 

. 

Senate Dill 43, Acts 62nd Legislature, Regular Session 

(1971)' defines and authorizes the appointment of Reserve Deputy 

Sheriffs as follows8 

"Section 1. (a) The Commissioners Court of any 

county in the State may authorize the sheriff of the 

county to appoint reserve deputy sheriffs, . . . who 

shall be subject to serve as peace officers during the 

actual discharge of their official duties upon call,of 

the sheriff, . . . 

"(b,) The Commissioners Court may limit the number 

of reserve deputy sheriffs . . . who may be appointed. 

"(cl Such reserve deputy sheriffs shall serve at 

the discretion of the sheriff and may be called into 

service at any time the sheriff considers it necessary 

to have additional officers to preserve the peace and 

enforce the law . . . 

'(d) Such reserve deputy sheriffs . . . shall 

serve without pay but the Commissioners Court may 

provide compensation for the purchase of uniforms and/or 

equipment used by such individuals. 

'Ye) Such reserve deputy sheriffs . . . prior tt5 

their entry upon duty and simultaneously with their 

appointments, shall file an oath and bond in the amount 

of Two Thousand Dollars ($2,000), payable to the sheriff, . . . 

“(f) Such reserve deputy sheriffs, while on active 

duty at the call of the sheriff and while actively engaged 

in their assigned duties: . . . shall be vested with the 

sams rights, privileges, obligations and duties of any 

other peace officer of the State of Texas. 

"Sec. 4. Any qualifications established for the 

position of reserve deputy sheriff . . . by the Corn 

missioners Court shall meet the minimum physical, mental, 

kh. SOG, p. 1739, codified by Vernon as Art. 6969.1, Sec. 1, 

V.C.S. 

-5003- 
Ilonorable William W. Day, page 3 

educational, - . . 

and moral standards established by the 

commrss~on on Law Enforcement Officer Standards and 

Education, but may be stricter than the standards of the 

commission." 

(M-1026) 

62nd 

At a time subsequent to the foregoin !ie 

Senate Bill 72, Acts 

Legislature, Regular Session, (1971) was passed which also 

defined and authorized the appointment of Reserve Deputy 

Sheriffs (as well as Reserve Deputy Constables and a police 

force reserve). There might have been conflicts between these 

two Acts but the passage 05 Senate Bill 17, Acts 62nd Legislature, 

1st Called Session, (1971) clarified any such conflicts and 

repealed all of Senate Bill 72 (supra) relating to sheriffs 

and constables with the minor exception concerning educational 

standards and training which is non-conflicting. 

By harmonizing these three Acts we find the following applicable education and training requirements as applied to 

reserve deputy sheriffs: 

1. Senate Bill 43, Sec. 34, imposes the burden on the 

Commission on Law Enforcement Officer Standards and Education 

tot 

* 

. . . establish minimum training standards for 

all reserve law enforcement officers which must be 

FiiTfmefore a person appointed as a reserve law 

enforcement officer-may car-6 a weapon or otherwise 

act as a peace officer.* (emphasis added). 

2. Senate Bill 72, Sec. S5, imposes the burden as to 

deputy sheriffs that: 

'Ch. 829, p. 2531; the relevant Sections are codified by 

Vernon as Art. 6869.2, Sec. 1, V.C.S., Art. 4413 (29aa), Sec. 

ZA, V.C.S., and Art. 990a, note, V.C.S. 

3ch. 4, p. 3434, Codified by Vernon as Art. 6869.2, Sec. 

1 and 2, V.C.S. and Art. 4413 (29aa), Sec. ZA, V.C.S. 

4Art. 4413 (29aa), Sec. 2A, V.C.S. 

5 Art. 99Sa, note, V.C.S., and Art. 6869.2, note, V.C.S. 

-5004- 
. ilonorablc William W. Day, page 4 (M-1026) 

"Any qualifications established for the position 

of reserve deputy sheriff . . . by the Commissioners 

Court, . . . shall meet the minimum physical, mental, 

educational, and moral standards established by the 

Commission on Law Enforcement Officer Standards and 

Bducation, but may be stricter than the standards of 

the Commission." 

And Senate Bill 72, Sec. 66, (supra) sets forth the following "grandfather clause": 

"Section 6. Any person serving as a reserve 

law enforcement officer before the effective date of 

this Act may be appointed to temporarily serve as a 

reserve law enforcement officer without fulfilling 

the minimum training standards established by the 

Commission on Law Bnforcement Officer Standards and 

Education. In no case shall any person serve as a 

reserve law enforcement officer after January 1, 

1973, unless he has fulfilled the minimum physical, 

mental, educational, moral and training standards 

established by the Commission on Law Enforcement 

Officer Standards and Education." 

I. 

Since Senate Bill 17 (supra) repealed all material 

reference in Senate Bill 72 to anything but "police reserve 

force", it is the opinion of this office that Reserve Deputy 

Sheriffs may not qualify under the grandfather clause. 

II. 

Article 403, Texas Penal Code, prohibits the carrying 

of a pistol (and other weapons) in the State of Texas. 

Article 484, Texas Penal Code, exempts, inter alia, ". . . 

any peace officer in the actual discharge of hisofficial 

duty. . ." Senate Bill 43 (supra) makes a Reserve Deputy 

Sheriff a peace officer when called into service. Therefore, 

it is the opinion of this office that a Reserve Deputy Sheriff 

'Art. 99Sa, note, V.C.S., and Art. 6869.2, note, V.C.S. 

-5005- 
. 

llonorabla William W. Day, page 5 (M-1026) 

may be armed and function as a peace officer when (and only 

when) called into service as provided by the new law. 

III. 

Since the new law uses the word “may” with regard to compensation for uniforms and equipment, it is the opinion of 

this office that the statute on its face makes it discretionary with the Commissioners Court to pay or not pay for Such 

items. 

IV. 

Although no impediment is perceived to prevent the 

appointrxnt of persons as Reserve Deputy Sheriffs who are 

normally employed as industrial guards, bouncers, night 

watchmen, etc., some questions might arise concerning conflict between such employment and the discharge of one's 

duties as a peace officer. Since no Court has yet had an 

opportunity to interpret the phrase "while on active duty at 

the call of the sheriff and while actively engaged in their 

assigned duties," our response on this matter will petrforce 

be concluded in general terms. It is the opinion of this 

office that Reserve Deputy Sheriffs while on active service 

will resolve employment conflicts in the same manner and on 

the sa~x basis as regular deputiesr while not on active 

service no conflict exists. 

V. 

There being no restriction contained in the statute, 

it is the opinion of this office that while on active duty 

a Resarve Deputy Sheriff may function alone, subject only 

to the same jurisdictional and venue restrictions imposed 

by law on regular deputies. 

S U MI4A R Y ------- 

A Reserve Deputy Sheriff may not qualify 

undar the "grandfothor clause.” 

A Reservu Deputy Sheriff may legally carry 

a weapon while on active duty (even though not 

government compensated). 

, 

-5006- 
Ilonorablc William W. Day, page G (M-1026) 

Compensation for uniforms and equipment 

of Reserve Deputy Sheriffs is entirely discretionary with Commissioners Court. 

Reserve Deputy Sheriffs, while on active 

duty, are governed as to employment conflicts 

in the same manner as regular deputies. 

A Reserve Deputy Sheriff on active duty 

may function alone and need not necessarily be 

accompanied Ly a “regular” officer. 

.I 

ey General of Texas 

Prepared by Howard 11. Fender 

Assistant Attorney General 

APPROVED: 

OPINION COIWITTEE 

Kerns Taylor, Chairman 

N. E. Allen, Co-Chairman 

Jay Floyd 

Dunklin Sullivan 

lien Harrison 

Jack Sparks 

Bill Flanary 

SAIl 1XZDANIRL 

Staff Legal Assistant 

ALFRXD WUXi3l 

Executive Assistant 

iJOLA IJIIIT'E 

First Assistant 

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