The Honorable J. Albert Dickie 

County Attorney, Coryell County 

Gatesville, Texas 76528 

Dear Mr. Dickie: 

May 6, 1974 

Opinion No. H- 296 

Re: Validity of contracts made 

between the city of Copperas 

Cove and Central Texas 

Council of Governments under 

Interlocal Cooperation Act 

Article 4413 (32c), V. T. C. S. 

You have asked our opinion concerning the validity of certain 

contracts entered into between the city of,(=opperas Cove and the Central 

Texas Council of Governments (CTCOG) and, parenthetically, a similar 

contract between Coryell County and the Central Texas Council of Governments. 

The purpose and effect of these contracts is to provide a cooperative 

law enforcement effort in apprehending and arresting drunken drivers in 

the area. Your concern is that pursuant to the agreement peace officers 

commissioned by the city of Copperas Cove are making arrests outside 

the city limits. 

The CTCOG has furnished us with a copy of a revised contract 

between the CTCOG and various counties and cities. An important difference 

between the contracts is that the latter contract gives the CTCOG authority 

to provide coordination only and provides no power for the Council to 

control law enforcement activities. Our comments are directed exclusively 

to the latter agreement. 

We believe that this contract, and the activities of the respective 

political subdivisions pursuant thereto, is valid and authorized. Its 

p. 1376 
The Honorable J. Albert Dickie page 2 (H-296) 

statutory basis is Article 4413 (32c), V. T. C. S. , known as The Interlocal 

Cooperation Act. Section 4 (a) of this statute provides as follows, with 

emphasis added: 

“Any local government may contract or agree with 

one or more local governments toperform governmental functions and services under terms of this 

Act. ” 

Section 3 (1) of the Act defines “local government” as follows: 

” ‘local’governmentf means a county; a home rule 

city or a city, village, or town organized under the 

general laws of this state; a special district; a school 

district; a junior college district; any other legally 

constituted political subdivision of the state; or a 

combination of political subdivisions. ” (emphasis 

wadded) 

Section 3 (2) defines “governmental functions and services” to 

include “police~protection and detention services. ” 

The Central Texas Council~of Governments is a, “regional planning 

commission” authorized and established under Article lOllm, V. T. C. S. 

Section 4 (a) of this Act provides that “a Regional Planning Commission 

shall be a political subdivision of this State.” thus qualifying it as a 

“local government” under $ 3(l) of 4413 (32~). 

Your concern over the extraterritorial arrests made by officers 

commissioned by the city of Copperas Cove is answered by Green v. 

State, 490 S. W. 2d 826 (Tex. Crim. 1973) which involved a conviction 

for driving a motor vehicle upon a public highway while intoxicated. 

The court upheld the conviction stating: 

“The appellant does not contend that the officer 

was without probable cause to arrest him within the 

city limits of Winnsboro, but asserts that the officer 

did not have the authority to make the arrest outside 

the city limits of Winnsboro. A city police officer 

p. 1377 
The Honorable J. Albert Dickie page 3 (H-296) 

is a peace officer. Article 2.12, V.A. C. C. P. As a 

peace officer he is authorized to make arrests outside 

the city limits where he serves. See Article 14. 01 (b), 

V.A. C. C. P. ; Article 803, Vernon’s Ann. P. C. ; 

Article 6701d, Sec. 153, Vernon’s Ann. Civ. St. and 

Buse v. State, 435 S. W. 2d 530 (Tex. Cr. App. 1968); 

Milligan v. State, 343 S. W. 2d 455 (Tex. Cr. App. 

1969); Gonzalez v. State, 320 S. W. 2d 9 (Tex. Cr. 

App. 1959); Watson v. State, 466 S. W. 2d 783 (Tex. 

Cr. App. 1971); Winfield v. State, 163 Tex. Cr. 445, 

293 S. W. 2d 765 (1955) and Hurley v. State, 155 Tex. 

Cr. R. 315, 234 S. W. 2d 1006 (1950).” (490 S.W. 2d 

.at 827). 

Even if the above authorities are given a limited and carefully circumscribed interpretation; we believe the arrests are substantially authorized 

by the recent amendment to Article 999b, V. T. C. S., Acts 1973, 63rd Leg., 

ch. 587, p. 1626. providing: 

“Sec.. 2a. A county or municipality may by 

resolution or order of its governing body enter into 

an agreenxnt with any neighboring municipality or 

contiguous county to form a mutual aid law enforcement task force to cooperate in the investigation of 

criminal activity and enforcement of the laws of this 

state. Peace officers employed by counties or 

municipalities entering into such agreements shall 

have only such additional investigative authority 

throughout the region as may be set.forth in the 

agreement. The counties or municipalities shall 

provide for compensation of peace officers involved 

in then activities of a mutual aid law enforcement 

task force, which provision for compensation shall 

be contained in the agreement. 

‘!A law enforcement officer employed by a 

county or municipality covered by an agreement 

p. 1378 
The Honorable J. Albert Dickie page 4 (H-296) 

authorized by this section may make arrests outside 

the county or municipality in which he is employed, 

but within the area covered by the agreement, provided however, that the law enforcement agencies 

within such county or municipality shall be notified 

of such arrest without delay. Such notified agency 

shall make available the notice of such arrest in the 

same manner as if said arrest were made by a member 

of the law enforcement agency of said county or municipality. ” 

Article 14.01 (b), Texas Code of Criminal Procedure, cited in 

the Green case, provides that “a peace officer may arrest an offender 

without a warrant for any offense committed in his presence or within 

his view. ” 

SUMMARY 

Arrests made by peace officers commissioned 

by the city of Copperas Cove pursuant to contract 

between the city and Central Texas Council of Governments are not unconstitutional and are authorized by 

statute. 

Very truly yours, 

Attorney General of Texas 

p. 1379 
The Honorable J. Albert Dickie page 5 (~-296) 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1380