November 5. 1971

Hon. David R. .White Opinion No. M-990 **County Attorney**  **120 East**  North St. Rer Liability 

### of a County Uvalde, Texas 78801 for acts-of Reserve - Deputy Sheriffs and Dear Sir: related questions. ,You have requested the opinion of this office concerning possible liabilities which may arise in connection with the appointment of reserve deputies under the provisions of Senate Bill 43, 62nd Legislature, Regular Session 1971, codified as Article 6869.1 Vernon's Annotated Civil Statutes. All references will be to.the sheriff, deputy sheriff and reserve deputy sheriffs, but will be likewise applicable to constables, deputy constables and reserve deputy constables.
Your questions, 

### restated,are as follows: ' (1) What liability,if any, accruesto the
FF for acts conmitted by reserve deputy sheriffs me of duty for the injuries 

### to the person or property of others7 (2) What liability, if any, accrues to the

w for acts-committed by reserve deputy sheriffs ane of duty for injuries to 

### their own person or s=w=ty? (3) What liability, if any, accrues to the sheriff for the acts of reserve deputy sheriffs w-acting in the line 

### of duty **for** inj'uries to the parson or property of others? (4) What liability, if any, accrues to the sheriff for the acts of reserve deputy sheriffs -acting in 

### the line **of** duty 

### for injuries to their own person or property? (5) If the county chooses to provide workmen's compensation for its employees generally, must reserve deputy sheriffs be included in the workxen's compensation coverage? **-4832-**

### Hon. DavidR. White, page 2 **(M-990)**



### The pertinent

portionof Senate Bill 43, reads as follows: *section1. (a)'The Comvmissioners Court of any **county** 

### in the Statemay authorizethe sheriffof the 

### ccuntyto appointreservedeputy eheriffs,or any constableof the county to appointreservedeputy constables,

who shall be subjectto serve as peace officersduring the aatual discharge**of their**  **of** 

### ficialduties upon call of the sheriff,in the oase of deputy sheriffs,or **of the**  

### constable,in the aase **of** 

### deputy constables. (b) The Commnissioners Courtmay limit the numberof 

### reservedeputy sheriffsor reserve deputy aonstables

who may be appointed; (a) Such reser-mdeputy sheriffsshall serve **at** 

### the discret%onof the sheriffmnd may be called into serviceat any t&me the sheriff considersit necessaryto have additional **officers to**  

### preserve the peace and enforae.thelaw; and such reserve ,deputy constableashall serve at the discretion of. the constableand may be called into **service** 

### at any timm the constableconsidersit necessaryto have additional

**officer8 to**  **weserve the**  

### maae and enforce the law. (d) Such reservedeputy sheriffs' and deputy constablesshall **senm without**  

### pay but the Coxais- - 

### sionersCourt may provide compensation for the 

### purchaseof uniforms and/or equipmentused by such individuals.

- (e) Such reserve deputy sheriffsand deputy constables,

prior to their entry upon duty and simultmneously

with their appointmants, shall file mnoath andbond in the amount of Two Thousand Dol&rm ($2,000),

payable to the sheriff, $n the aame of reserve 

### deputy sheriffs,and payableto the constable,in the oase **of** 

### reserve deputy oonstmblesr and filedwith the aounty alerk of the uounty in which maid ap (f) Suz intment is made.

reservedeputy sheriffs,while on active duty 

### mC the aall of the sheriff and 

### while activelyengaged in their assignedduties8 and rmservmdeputy aonmtmblem, while on aativmduty at.the aall **of** 

### the constableand'whileaativefy engaged in their assignedduties, 'shall **be** 

### vested with the,

rams rights,privileges,~ligations and duties of any other peaae 6ffiaer of the State of %X&8.Hon. David R. White, page 3 (M-990)

Section 2. The county and/or the sheriff or constable mhall not incur any liability by reason of the appo$ntment of any such reserve deputy sheriff or deputy constable who incurs any personal injury while serving in such capacity.' Article 6870, Vernon's Annotated Civil Statutes, provides as follows:

-Sheriffs shall be responsible 

### for the official acts of their deputies, and'they shall have power to require from their deputies bond and security: and they shall have the same remedies against their deputies and sureties as any person can have against

. a sheriff and his sureties." Since reserve deputy sheriffs are vested with the **mmme** rights,privileges, obligations and duties as regular peace officers, it is the opinion **of** this office that the liability 

### of the county with regard to any damage done to the person or propertyof others while 

### much remervm deputies are on active duty would be governed **by the**  **same rules**  **as cover**  **the acts**  of regularlyemployed deputies. Since the county is specifically exempt from incurring any liability by **reason** of the appointment **of** a **reserve** deputy, it is the opinion of this office that the county is not liable for any injury to the person or property of a 

### reservedeputy. Since 

### reservedeputy sheriffs are vested with the same rights,privileges, obligations and duties as other peace officers (while on active duty) and mince sheriffs are responsible for the official 

### acts of their deputies, it 

### ,is the opinion **of** this 

### office that the liability 

### of a sheriff for damage to the person or property of **others** committed by a 

### reseme deputy sheriff.isthe same 

### as'the sheriff's liability for damage to theperson or property of others caused by regularly employed deputy sheriffs. Since the sheriff is specifically exempted from liability 

### forpersonal injury incurred by a reserve deputy sheriff, it is the opinion 

### of this office that the sheriff cannot be called accountablefor injuries or damage to the person or property 'of a 

### reserve

deputy sheriff. With-regard to your inquiryon the subject of workmen's compensation,it is the opinion of this office that inview
-4834-

### Hon. David R. White, 

### page 4 W-990)



### of Section 2 of S. 8. 43, above **quoted,** 

### reservedepritiei need not be includedin a workmen’ s 

### oompensation

plan **adoptmd** 

### by the gounty. SUMM‘ARY ' -----we Countiesare not 

### liable for any injury to+. a reserve 

### deputy mheriff 

### or constable. Sheriffs

.and uonmtmblemare 

### not liable for any injuryto a reservedeputy sheriffor 

### aonmtahle. Counties are responsible 

### to damage inflicted by reserve deputy sheriffsor aonmtmblem only to the extent which they raight

be liable for muph 

### damage $aaurredby regulardeputy sheriffsor aonmtahlem. Sheriffsor 

### uonmtmblemare liable for 

### damage infliated 

### by rememe deputy aheriffmor 

### conmtmMem in the matom

manner 

### and to the same extent am they 

### are liable for damage 

### infliated by regulardeputy sheriffsor aaistebles. Reservedeputy sheriffs or 

### conmt&;lem

aeed **not** 

### be includedin a county adoptedworben~m oompenaatio Pan*

. UARTIN

Pre aredbyxoward Am8 f**mtmnt** 

### Attorzbey Atto TY ~~ 

### ey ;Oeneral of Taxas U. Pmnder Geaeral


### APPROVED: DPINIoNcowITzBB
Kerns Taylor,Cheirzmmn W.E.Allen,co-chairman ldalaolm

Quiak Bob Lattirmre Dunlc1insulliven uumy 

### twiener

### Hon. David R. White, page 5 W-990)



### SAMMCDANIEL Staff Legal Ammistant ?&PREDtiALRER Executive Assistant Noui NliITE First Assistant

-4836-