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### THEAYTORNEYGENERAL 0Frl3cxAs

Mr. JoWrph C. **Tcnu~e** OouJlty AttoPney Sintoa,

Texas

De8r Hr. Terms: Res Whether membersof en auxiliary police department, set up by city ordinance,

and appointed by the Chief of Policewith 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 Policevith the approval of the City Commission, end do not receivecompensation.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 terrypistolsunder such cfrcumtences? **2;** Am the auxiliary police author-fsed

to ect se city though they are not recsiving compensetloo

fa the eeouut of Bolfce &en

40 per month? The Terns Penal Code reeds es follove: &ticle 483, Texes Pemel Code: "Whoevershell Carry oa orabouthis person,meddleor In his seddlebage, cn In his portfolio or purse any pistol ,.. shell be puniehed

by e fine of not leer then Cme HundredDollars ($100)

Mr more then Five HundrednOll.ers~($~)or **by** confinement in JaiLfor not less then one (1) math nor 8ore then one L (1) Year." Articleb@+, Texas Penal Code: "The preceding

articleshellnot 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, JosephC. Ternus,Page 2 (IiW-gg7)-

set&n of forty dollarsor more pep month for hie services es such officer,

and vho is appointed in conformity

9th then statute6

authorizing

such eppointment~

90en Articleb&b, Penel Co&e of Texasl, shows the intsntion of the Legislature to prohibitepeciel policemen

from carryfig

pistols

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

of a speoiel

police forceby the mayor. Such men are eppointed

by the myor andteke orders f+rom the mayor. The Auxfliary

PoliceDepertment

of the City of Taft Is authorized by city ordinence

end ia subJectto the orderaof the Chiif of'Police of the City of Taft and its member8are appointed by the Chief of P&Ice with the approval

of the City Commission, It ie clear from the facts 'given that membersof the Auxiliary Police Dspertment

of the City of Taft ere not special

policeas 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 providesfor the appointment of police

%Y4cers by city ordinance,

fflaing of the ak&aryof police officers by the city council, fixingof the term of officeend quelfffcetions of police officers

by ordinence

end fixingthe dutiesof police officers. The membersof 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 rfghtaend dutiesof any math polfce offfcerQ Auxiliary police officers

of en incorporated

cit]t or town ere peace officers es thet term is definedin Art, 36, Texas Code

__ of CrfmfnaL

Procedure,

AttorneyGeneral's OpinionPO. 0-5621, The members" of the Auxiliary

PoliceDepartment

6f the City of Taft ere authorized by levto carry pfstols in the performence of-their

duty as peeca officersin all inetences

vhere eny othermember of the regular police forcewould be authorized

to carry a pistol, <. Them is no statute dfsquelffying

a police officer

becausehis selery ie not up to e certefnlevel end the fact that come of the policemen in the City of Taft rece%ve less than $40 per month is no reasonto 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%.aterm by other cftfesto describe its "Special"

police force.

. I

1, The memberaof"tho‘AuxiUary Police Depart-pent of the City of Taft are authorized by law to carrypletols in the pnrformmcc of their dutiesas peace officersin all instancee where any othermember of the regular police force of the City of Taft woul@ be authorized to cm 8 piato1. 2. The membersof the~Auxl3Aary PoliceDepartment of the City of Taft are authorized to act a8 city police even thou@ they are not recelvirqcompensationin 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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