### EA~ORNEY GENEXCAL.

PRICEDANIEL ATTORNEY GNERAL

Hon. M. E. Gates County AttoPney Wslkep County Huntsville, Texae FebPuaPj 11, 1949.

We8 The authopity of the Countg AttoPney OPthe Count7 ClePk to take affidavits giving lnfomation that a pePeon 16ot unsound rind. Dear Sips RePePence Is madeto your recent Pesuest which reads in part a5 follows:

'1 wish you would advise mewhetheP OPnot, un&ePthe pPovislons of APticls 55614, the County Attorney and the County Clerk have the authopitf to take the affldavlt of the afflant cxpInformant, to an 1nPoPmation c$sxging that a pePson is of l.Lnsound

mind. Section 1, APtlcle 5561a provides in follows 8 "Section ,l0 If infpslnstion in.wPit-

.__ _ _ _paPt as
lng unae~ oats Degiven to 8ny county judge that any person in hls county, not cbapged with a criminal offense, is a pePson of unsouuUmind, and that the welfare of eitheP such person **OP** any otheP person **OP** pepsons requipes that he be placed undePpeatpaint, and such county ju&ge shall belleve such Information to be true, he shall fopthwfth issue aWaPPantfor. the aQQPehen8iOno? such pePson, **OP,** if such like InfoPmatlon be given to anyjustice of the peace in such county, said justice mayfsaue awaPrant fop the aQQPehenaiOnof said peP8011, making said complaint andwarrant PetuPnable to the county comt of said CountJ,Hon. M. E. Gates, page 2 (V-770)

ad Bald county judge in either event shall fix a time and place for the hearing and determination of the utter, either in term tine or in vacation, which place shall, be either at the court house of the county, or at the residence of the person named, or at any other place In the county, as the county Judge maydeembest for rueh hearla(l. e

. e
S Thepertinent porislons of Article 26, V* C.

.,, are a8 follovr:

“10 All o&ha, affidavits, or afftimatlons madewithin this State maybe admlnlstered and a certlricate of the ract given by:

‘a.. Ajudge, clerk, or commissioner of any court of record;

“be Anotsry public;

“ce Ajustice of the peace; O., ** Therefore under the ~rovislons of the preceging Articles we think it is clear that the County Clerk mayadminister the oath referred to under Article 55618, SUQPS. It will be noted that the County Attorney is not included in Article 26, supra. Belther are weable to find any statute which authorizes the County Attorney to admlnlster such an oath.

Article 30 V, C. C. P. provides that “for the purpose mentioned in the tvo preceding Articles, di8- trlct and county attorneys are authorized to administer oaths e” The “two preceding Articles” referred to have to do with the issuance of a complaint where an offense has been committed or alleged; they include misdemeanors and felonies e Similarly Article 221 V. C. C. P. provides that “the affidavit madebefore the Da . dlstplct OFcounty attorney is called 3 complsint if it charges the commission of an offense. The oaths referred to in Articles 30 and 221 relate to criminal cases only. It Is stated in 24 Tex. Juno 388 that:. -



### Hon.M, 

### E.Qatea,page 

### 3 (V-770)

"The procedure fer 

### l djudglmg oae sot chrrged with cPlme to be a pemmn of unsound mind 

### andp~ovidfng 

### forbitis restraintissolely through the County Courts. And~although the state is a party to such an inqulpy, the chaPactor of the proceeding is essentially civil*"In view of the foregoing it is out opinion that the County Attorney maynot administer such an oath in his official ca acity, r However, it washeld in A. G. Opinion Ro. 0- 228 that:

'You ape further advised that the couhty attorney and the city attorney are not prohibited by law from holding the office 

### of notary public while holding theiP qfflaes of couuty attorney and city attorney.

. TherefoPe If the County Attorney has quallfied as a 

### liotary

Public, It is oup opinion that he uy admlnlster such an oath under the p~orl~ion~ of ArtIcle 

### 26,V,C.S.,as a Rotary Public. SUMMARY The County ClePk mayadmlnlsteP the oath of one charging that 

### apepson 1s of unsouudnlud, Art0 

### 26,71,C.S. The County AttoPney maynot admlnlster such an oath in his offlclal capacity, HoveveP, If he has qualified as a Rotary Public, he mayadminister such oath. Art. 

### 26,V. C.S.;A. G, Opinion MO,

### o-4228. Yows very tPuly, AP?ROVEl 

### ATTOltMXT OIME OFTIEUS

BAsbh BY Assistant