Hon. R. A. Smoot 

Board o? Pardons 

Cepitol Station 

Austin, Texas 

Dear Sir: 

TEXAS 

AUSTENBP.TEXAS 

Marah 25, 1949 

S&mid, Member 

and Parolee 

Opinion NO. vi793 

Re: Authority of a district 

judge to appoint, with the 

approval of the Board of 

Pardons and Parolee, a probation and parole officer 

under the proviaiona of 

Article 701b, V.C.C.P., to L 

serve without cost to the 

State or county. 

Your request for an opinion on the above captioned subjeot, in -part, reads : 

m#e desire the opinion of your office 

regarding the legali,ty of the appointment 

of a Probation Officsr by a District Judge, 

under the provisions of Article 78lb,Code 

of Criminal Procedure, wi~thout cost to the 

aounty or state, and the confirmation of 

this appointment by the Board of Pardons 

and Paroles. 

“Under paragraph one of Seotion 24, 

Article 78lb, it is the interpretation of 

the Board that the appointment of Parole and 

Probation offiaers ie a prerogative of the 

Board of Pard6nns and Paroles. 

“We quote from paragraph one of Section 

24 Article 781b; Code of Criminal Procedure: 

o’All appointments of probation and parole officers shall be made from’the 

eligible list by the Director OY Probation and Parole, subjeot to and with 
Hon. R. A, Smoot S&mid - Page 2 (V-793) 

the appr$val of said Board** 

*It is the interpretation of the 

District Judge that he &,qs the power under Article 781b to appoint a probation 

officer without cost to the county or 

state and has requested the Board to confirm this appointment. 

*Your opinion is neosssary on aocount of the oonflloting viaws of the 

Board of Pardon8 and Parole8 and the Diatrict Judge,"; 

Section 23 of Article 781b, V.C.C,PO, authorizes the Board of Pardon8 and Paroles to appoint a Dirsator of Probation and Parole whenever appropriations 

are made available to pay his salary and enable him to 

perform the duties 'imposed upon him by Article 781bs 

Section 24 authorizes the Director of Probation and Parole, nappropriation8 permitting," to appoint probation and parole officers, subjeot to the happroval of the Board of Pardons and Parolea. The duties 

of such officers are presoribed by Article'ISlb and pertain to both probationers and paroleesO~ The salaries 

of these, officers are paid by the State.' 

In Attorney General's Opinion Ro, V-4lS, it 

was said: 

Wectfons 24, 25, 26, 27, 28, and 

29 provide for the appointment of probation and'parole officer8 and define their 

duties and powers and provide for their 

assignment to various court8 of the State, 

It is contemplated from such Sections 

that these probation and parole officer8 

are to be full-time employee8 and receive 

a salary for their services, However 

the Legislature has made no appropriafions 

to pay the salaries of such officers and 

by reason thereof, such Section8 are ineffeotual until a subsequent Legislature appropriates monies with which to pay the 

salaries of such officers.W 
Hon. R. A. Smoot Scbmid - Page 3 (V-793) 

The exclusive power to appoint probation and 

parole officers has been conferred by Article 701b upon the Director of Probation and Parole, subject to the 

approval of the Board of Pardons and Paroles. Therefore, it necessarily follow8 that a district judge has 

no authority in virtue of that Article to appoint, either with or without the approval of the Board, a person to act as such an officer, with or without cost or 

expense to the State or county. 

Article 781b, supra, commonly known as the 

"Adult Probation and Parole Law," has no application 

whatever to juveniles. This opinion of course* i8 not 

concerned with those statutes providing for the appointment of juvenile probation or parole officera, whose duties are confined to juvenile cases. 

S-Y 

The exclusive power to appoint probation 

and parole~officers ha8 been conferred by Article 781b, V.C,C.P.; upon the Director of 

Probation and Parole, BubjeOt to the approval 

of the Board of Pardons and Paroles. 

A district judge has no authority to appoint, either with or without the approval of 

the Board of Pardon8 and Paroles, a person to 

act as a probation and parole officer, with or 

without cost' or expense to the State or county. 

Art. 701b, V,C.C,P., 88~8. 23; 24. 

Yours very truly, 

ATl'ORNRYGRMRRAL OFTEXAS 

D#B:wb 

I 

Bruce W. Bryant 

ASSiBtaut 

ATTORNEYGRWRRAL