EA~ORNEY GENEXCAL. 

PRICE DANIEL ATTORNEY GNERAL 

Hon. M. E. Gates 

County AttoPney 

Wslkep County 

Huntsville, Texae 

FebPuaPj 11, 1949. 

We8 The authopity of the Countg AttoPney OP the Count7 

ClePk to take affidavits 

giving lnfomation that a 

pePeon 16 ot unsound rind. 

Dear Sips 

RePePence Is made to your recent Pesuest which 

reads in part a5 follows: 

'1 wish you would advise me whetheP 

OP not, un&eP the pPovislons of APticls 

55614, the County Attorney and the County Clerk have the authopitf to take the 

affldavlt of the afflant cxp Informant, to 

an 1nPoPmation c$sxging that a pePson is 

of l.Lnsound mind. 

Section 1, APtlcle 5561a provides in 

follows 8 

"Section ,l 0 If infpslnstion in.wPit- 

.__ _ _ _ 

paPt as 

lng unae~ oats De given to 8ny county judge 

that any person in hls county, not cbapged 

with a criminal offense, is a pePson of unsouuU mind, and that the welfare of eitheP 

such person OP any otheP person OP pepsons 

requipes that he be placed undeP peatpaint, 

and such county ju&ge shall belleve such 

Information to be true, he shall fopthwfth 

issue a WaPPant for. the aQQPehen8iOn o? 

such pePson, OP, if such like InfoPmatlon 

be given to any justice of the peace in 

such county, said justice may fsaue a waPrant fop the aQQPehenaiOn of said peP8011, 

making said complaint and warrant 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 may deem best for rueh hearla(l. e 

. e 

S 

The pertinent porislons of Article 26, V* C. 

.,, are a8 follovr: 

“1 0 All o&ha, affidavits, or afftimatlons made within this State may be admlnlstered and a certlricate of the ract given by: 

‘a.. A judge, clerk, or commissioner of 

any court of record; 

“be A notsry public; 

“ce A justice of the peace; O ., ** 

Therefore under the ~rovislons of the preceging Articles we think it is clear that the County Clerk 

may administer 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 we able 

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 made before the D a . dlstplct 

OF county 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 and p~ovidfng for bitis restraint is solely 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 may not administer such an 

oath in his official ca acity, 

r 

However, it was held 

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 may admlnlsteP the 

oath of one charging that a pepson 1s of 

unsouudnlud, Art0 26, 71,C.S. The County AttoPney may not admlnlster such an 

oath in his offlclal capacity, HoveveP, 

If he has qualified as a Rotary Public, 

he may administer such oath. Art. 26, V. 

C.S.; A. G, Opinion MO, o-4228. 

Yows very tPuly, 

AP?ROVEl ATTOltMXT OIME OF TIEUS 

BAsbh 

BY 

Assistant