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, accrues to 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? 

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Hon. David R. White, page 2 (M-990) 

The pertinent portion of Senate Bill 43, reads as follows: 

*section 1. (a)' The Comvmissioners Court of any 

county in the State may authorize the sheriff of the 

ccunty to appoint reserve deputy eheriffs, or any 

constable of the county to appoint reserve deputy 

constables, who shall be subjectto serve as peace 

officers during the aatual discharge of their official duties upon call of the sheriff, in the oase 

of deputy sheriffs, or of the constable, in the 

aase of deputy constables. 

(b) The Commnissioners Court may limit the 

number of reserve deputy sheriffs or reserve 

deputy aonstables who may be appointed; 

(a) Such reser-m deputy sheriffs shall serve 

at the discret%on of the sheriff mnd may be called 

into service at any t&me the sheriff considers it 

necessary to have additional officers to preserve 

the peace and enforae.the law; and such reserve 

,deputy constablea shall serve at the discretion of. 

the constable and may be called into service at any 

timm the constable considers it necessary to have 

additional officer8 to weserve the maae and enforce 

the law. 

(d) Such reserve deputy sheriffs' and deputy 

constables shall senm without pay - - but the Coxaissioners Court may provide compensation for the 

purchase of uniforms and/or equipment used by 

such individuals. - 

(e) Such reserve deputy sheriffs and 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 payable to the 

constable, in the oase of reserve deputy oonstmblesr 

and filed with the aounty alerk of the uounty in 

which maid ap 

(f) Suz 

intment is made. 

reserve deputy sheriffs, while on 

active duty mC the aall of the sheriff and while 

actively engaged in their assigned duties8 and 

rmservm deputy aonmtmblem, while on aativm duty 

at.the aall of the constable and'while aativefy 

engaged in their assigned duties, '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 

property of others while much remervm deputies are on active 

duty would be governed by the same rules as cover the acts of 

regularly employed 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 reserve deputy. 

Since reserve deputy 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.is the same as'the sheriff's liability for damage to 

the person or property of others caused by regularly employed 

deputy sheriffs. 

Since the sheriff is specifically exempted from liability 

for personal injury incurred by a reserve deputy sheriff, it 

is the opinion of this office that the sheriff cannot be called 

accountable for 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, reserve depritiei 

need not be included in a workmen’s oompensation plan adoptmd 

by the gounty. 

SUMM‘ARY ' -----we 

Counties are not liable for any injury to+. 

a reserve deputy mheriff or constable. Sheriffs 

. and uonmtmblem are not liable for any injury to 

a reserve deputy sheriff or aonmtahle. Counties 

are responsible to damage inflicted by reserve 

deputy sheriffs or aonmtmblem only to the extent 

which they raight be liable for muph damage $aaurred by regular deputy sheriffs or aonmtahlem. 

Sheriffs or uonmtmblem are liable for damage 

infliated by rememe deputy aheriffm or conmtmMem 

in the matom manner and to the same extent am they 

are liable for damage infliated by regular deputy 

sheriffs or aaistebles. Reserve deputy sheriffs 

or conmt&;lem aeed not be included in a county 

adopted worben~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) 

SAM MCDANIEL 

Staff Legal Ammistant 

?&PREDtiALRER 

Executive Assistant 

Noui NliITE 

First Assistant 

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