. 

THEAYTORNEYGENERAL 

0Frl3cxAs 

Mr. JoWrph C. Tcnu~e 

OouJlty AttoPney 

Sintoa, Texas 

De8r Hr. Terms: 

Res Whether members of en auxiliary 

police department, set up by 

city ordinance, and appointed 

by the Chief of Police with the 

approval of the City Cozmiasion, 

ere authorized by lew to cerq 

pmio1a while 011 duty as en 

aurlliary police, and vhile off 

duty a8 euch euxlliery police? 

The City of Taft hes passed a city ordinance setting up en auxiliary 

police depmtment. Such officers are subject to the orders of the Chief 

of Pollce 02 the City of Taft, end they vork es city police officers es 

needed. They are appointed by the Chief of Police vith the approval of 

the City Commission, end do not receive compensation.vhich vwld emount 

~to $10 par month. You have asked the following question6 concerning this 

situ& form 

1. &u the eurfllsry police euthofized by lewto terry pistols under 

such cfrcumtences? 

2; Am the auxiliary police author-fsed to ect se city 

though they are not recsiving compensetloo fa the eeouut of B 

olfce &en 

40 per month? 

The Terns Penal Code reeds es follove: 

&ticle 483, Texes Pemel Code: 

"Whoever shell Carry oa orabouthis person, meddle or In his 

seddle bage, cn In his portfolio or purse any pistol ,.. shell 

be puniehed by e fine of not leer then Cme Hundred Dollars 

($100) Mr more then Five Hundred nOll.ers~($~) or by confinement in JaiLfor not less then one (1) math nor 8ore then one 

L (1) Year." 

Article b@+, Texas Penal Code: 

"The preceding article shell not apply to DoD euy peace officer 

fn the ectwl~,discherge of his offlcfel dut& 000 nor to any 

deputy constable, or special policemen vho receives e compen- 
Mr, Joseph C. Ternus, Page 2 (IiW-gg7)- 

set&n of forty dollars or more pep month for hie services es 

such officer, and vho is appointed in conformity 9th then 

statute6 authorizing such eppointment~ 90en 

Article b&b, Penel Co&e of Texasl, shows the intsntion of the Legislature 

to prohibit epeciel policemen from carryfig pistols unlera they receive forty 

&I.&&per month or more. Art. 995, Vernonls Texas Civil Statutes, gov@rns 

the appointment of a speoiel police force by the mayor. Such men are eppointed by the myor andteke orders f+rom the mayor. 

The Auxfliary Police Depertment of the City of Taft Is authorized by 

city ordinence end ia subJect to the ordera of the Chiif of'Police of the 

City of Taft and its member8 are appointed by the Chief of P&Ice with the 

approval of the City Commission, It ie clear from the facts 'given that 

members of the Auxiliary Police Dspertment of the City of Taft ere not 

special police as contemplated by Art. 95, Vernonts Tons Civil Statutes. 

The embers of the Auxfliary Police DepartWaIt of the dity of Taft ere apparently appointed under authority of Art. #8, Vernon~~ T6xae Civil 

Stetutee, which provides for the appointment of police %Y4cers by city 

ordinance, fflaing of the ak&ary of police officers by the city council, 

fixing of the term of office end quelfffcetions of police officers by 

ordinence end fixing the duties of police officers. 

The members of the Auxiliary Police Department of the City of Taft sge 

appointed in conformity tith the lewa governing the eppofntment of regular 

police offfcers end es such are entitled to all the rfghta end duties of 

any math polfce offfcerQ Auxiliary police officers of en incorporated cit]t 

or town ere peace officers es thet term is defined in Art, 36, Texas Code __ 

of CrfmfnaL Procedure, Attorney General's Opinion PO. 0-5621, The members" 

of the Auxiliary Police Department 6f the City of Taft ere authorized by 

levto carry pfstols in the performence of-their duty as peeca officers in 

all inetences vhere eny other member of the regular police force would be 

authorized to carry a pistol, <. 

Them is no statute dfsquelffying apolice officer because his selery 

ie not up to e certefn level end the fact that come of the policemen in 

the City of Taft rece%ve less than $40 per month is no reason to disqualify 

them a5 'psece ofbfcersa 

The Term “AuxiPiery Police" is not &fined or used 'Ln eny 6tetute of 

thir State end the use of the term by the City of Taft to deecribe pert 

of its regular police force should hot be confueed tith thepossible use 

ofth%.a term by other cftfes to describe its "Special" police force. 

. 

I 

1, The membera of"tho‘AuxiUary Police Depart- 
pent of the City of Taft are authorized by law 

to carry pletols in the pnrformmcc of their 

duties as peace officers in all instancee where 

any other member of the regular police force of 

the City of Taft woul@ be authorized to cm 8 

piato1. 

2. The members of the~Auxl3Aary Police Department 

of the City of Taft are authorized to act a8 city 

police even thou@ they are not recelvirq compensation in the amomt of $40 per #lo&h. 

Yours vei-y truly, 

CC:br 

I?. v. Geppert, chairman 

Ii. Ray Scruggs 

BIllAllen 

J. Arthur BenBobShannon 

Cecil Canmck, Jr. 

Aeaiebnt Attorney Geaerel 

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