JIM MA-ITOX 

Attorney General 

Supreme Court BuildIn 

‘. 0. BOX 12546 

.ustin. TX. 76711.2546 

a12l4752501 

Telex 910/674-1387 

elecoQisr 51214750266 

714 Jackson. Suite 700 

-Was. TX. 75202-4506 

lU742.6944 

824 Alberta Ave.. Suite 166 

3 Paso. TX. 79905-2793 

?)15/533-3484 

Texas. Suite 760 

Houston. TX. 77002-3111 

713n23aea 

808 Broadway. Suite 312 

Lubbock. TX. 79401-3479 

KW747.5236 

4309 N. Tenth, Suite 8 

UcAllen, TX. 76601-1665 

;12/662-4647 

?OO Main Plaza, Suite 400 

jan Antonio, TX. 762052797 

51212254191 

4” Equal Opporlunilyl 

Affirmatiw Action Employer 

The Attorney General of Texas 

Dectn.ber 13. 1984 

Ronorable Michael G, Mask 

County Attorney 

3rd Floor 

Jack County Courthouse 

Jacksboro, Texas ‘16056 

OpiOiOn No. J&f-2,+3 

Re: Whether a sheriff has discretion to refuse to enter a 

probation revocation warrant in 

a state computer under article 

23.09, Code of Criminal Procedure 

Dear Mr. Mask: 

You have asked whether a county sheriff has discretion to refuse 

to enter into the state computer system arrest warrants which have 

been properly issued by the county court against defendants for 

failure to appear or for probation revocation. The computer system in 

question is the Texas Crime Information Center computer [hereinafter 

TCIC], which Is matntained by the Texas Department of Public Safety 

(hereinafter DPS] fsc the collection of outstanding warrants issued by 

Texas officials and which facilitates the arrest of wanted persons 

statewide. You ha\‘e specifically asked whether article 23.09 of the 

Code of Criminal Procedure has any bearing on the scope of the 

sheriff’s .discretlon to refuse entry of Jack County warrants In the 

TCIC. Article 23.09 of the Code of Criminal Procedure simply 

states: “Capiases for a defendant may be issued to as many counties 

as the district or county attorney may direct.” 

The director DE the DPS has authority to formulate plans and 

means of cooperating with sheriffs and local peace officers throughout 

Texas for the appr,ahension of criminals. V.T.C.S. art. 4413(21). 

Sheriffs and constables are made “associate members” of the DPS for 

purposes of any rights and privileges which may be granted to such 

officers by such s Late agency. V.T.C.S. art. 4413(19). We believe 

that a sheriff’s authority to subscribe to the TCIC pursuant to DPS 

regulations is authorized under the statutes. 

In our opinic~r., if the sheriff does not have the available 

personnel to assume custody of a person found outside his county. the 

sheriff would have authority in the first instance not to enter such 

person’s name in tt.e system. Pursuant to the operating msnual issued 

by the Texas Department of Public Safety, any entry into the TCIC by a 

law enforcement aggzncy must be accompanied by the promise that such 

agency will retrieve a prisoner from~ anywhere in the state. 

We do not believe that a Texas county sheriff can be compelled to 

enter warrants in the TCIC if, in his reasonable discretion, making 

p. 1093 
Honorable Michael G. Hank - Page 2 (Jn* 249 

such entries is not justified under the circumstances. Article 23.09 

simply provides that a capir.a may be directed to the arresting law 

enforcement officials of any county designated by the prosecuting 

attorney. Once a capias cones into the hands of a sheriff. he is 

under an obligation to make 41 reasonable effort to execute such writ. 

V.T.C.S. arts. 6866. 6873; Ccmde Grim. Proc. art. 2.13. Under article 

2.16 of the Code of Criminal Procedure a county sheriff may be fined 

.up to $200 for failing “from neglect” to execute an arrest varrant or 

other legal process. 

If the prosecuting attorney wishes to have an arrest warrant 

delivered to another county in which a vanted person is known to be 

found, the clerk of the court may issue such capias to the county 

sheriff of such county pursuant to article 23.09 of the Code of 

Criminal Procedure without tie necessity of making any entry in the 

TCIC computer system. 

,S-UMMARY 

A county sherii’f has discretion to withhold 

entry of warrant8 into a statewide computer 

syetam. 

JIM MATTOX - 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICRAFDS 

Executive Assistant Attorney General 

RECK GILPIN 

Chairman, Opinion Comittee 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susan Garrison 

Tony Guillory 

Jim Hoellinger 

Jennifer Riggs 

Nancy Sutton 

p. 1094