ColonelHomer Garrison, Jr. OpinionNo. C-741

Director Texas Department of Public Safety ,- Box 4087, North Austin Station Austin,Texas
Dear Colonel Garrison: Re: Authority of Texa? Rangers to execute civil contempt process and related questions.

Your opinion request of August 11, 1966, sets out the following facts:

"Recently this office received an Order from the Domestic Relations Court of Harris Countywhich purported to be a Writ of Commitment, addressed 'ToAny Texas RangerWithin the State of Texas.' Aftermuch conslderation, this office returned the instruments to Judge J. W. Mills of the Court of Domestic Relations,Harris County, Texas, with a letter indicatingthat we did not think this office or any Ranger had authority to obey a Writ of Commitment. On August 9, 1966, we received corrected instrumentsentitled 'Writof Commltment' issued 'ToAny Texas RangerWithin the State of Texas,' togetherwith a letter from JudgeMills asking that theWrits be served. A copy of the letter and instrumentsare attached hereto."
You then request our opinion on the following questions:
"1

. Is a Ranger a proper person to satisfy a Commitment?
"2. If your answer to Question No. 1 is 'yes,I can a Texas Ranger legally satisfy the Order of the Court attached hereto? "3. If your answer to QuestionNo. 1 is 'yes,'should the person taken into custody by the Ranger be consideredunder arrest? -3576-Colonel Homer Garrison, Jr., page -2- (C-741 )

If it is your opinion that such person would be consideredunder arrest,wouldthe Ranger need to take suchperson Immediatelybefore a magistrate In the countywhere he was arrested and, 5f so, would themaglstrate in said coun y have the authority to setball for the prisoner?"
To begin with we point out that upon a finding of disobedience to a child support order the courtmay enforce its judment by orders as in other cases of civil contempt. Rule 308-A, Texas Rules of Civil Procedure.Therefore, we must look to the applicableprovisions of the Civil Statutes and the Texas Rules of Civil Procedure In order to find an answer to your problem.
In answer to QuestionNo. 1 it Is our opinion thatbased upon Article 4413 (11) (4)the Texas Rangers "have authority to executeprocess in civil caseswhen specially dire&d by a judge of a co% of record; and in all cases shallbe governed by the laws regulating and defining the powers and duties of sheriffswhen in the discharge of similar duties." Thus, since the commitment In question Is specificallydirected to of Texas" "Any Texas RangerWithin The State

a Texas Ranger Is a proper person to execute the commitment in accordancewith the order of the Court causing its Issuance. The writ of commitment is executedby taking Into custody the person named therein and delivering such person to the authoritynamed In the order of commitment. The order In question directs the Ranger to "take the body of (the said defendant) and transport him to the County Jail of Harris County, Texas, where he shallbe confinedby the Sheriff of Harris County, Texas." Thus, the writ Is sufficientlyexplicit as to themeans of satisfying same and may be obeyed. Therefore, a Texas Rangermay legally satisfy the order of the court and your Question No. 2 is answered in the affirmative. The Supreme Court of Texas has held in Rx arte Winfree, 153 Tex. 12, 263 S.W.2d 154 (1953),&estions of orocedure **in** civil contempt cases are not to be resolved on concepts borrowed from the detailed requirementsrelating to criminalprosecution. See also 20 Tex. Bar Jou;hu;4 (1957) and AttorneyGeneral's Opinion No. C-733 (1966). although the defendant could for some purposes be considered as "under arrest" it is our opinion that the detailed requirements of the Code of Criminal Procedure relating to his be.ting taken before a magistrate, bail, etc., would not apply -3577-Colonel Homer Garrison,Jr., page -3- (C-741 )

since the action is not governed by the Rules of Criminal Procedure.
SUMMARY

_,-

A Texas Ranger Is a proper person, when speciallydirectedby a judge of a court of record, to execute a writ of commitment for contempt in child support cases and the person so taken into custody, although hc may be consideredunder arrest, need not be taken immediatelybefore a magistrate nor be grantedbail.
Yours very truly,
WAGGONER CARR Attorney General of Texas

BYAssistant AttorneyGeneral CBS/pw
APPROVED:
OPINION COMMITTEE
W. 0. Shultz, Chairman Malcolm Quick Pat Bailey Lonnie Zwlener Doug Chilton
APPROVED FOR THE ATTORNEY GENERAL BY T. B. WRIGHT

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