Colonel Homer Garrison, Jr. Opinion No. 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 quest ions. 

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 

County which purported to be a Writ of Commitment, addressed 'To Any Texas Ranger Within the State of Texas.' After much conslderation, this office returned the instruments 

to Judge J. W. Mills of the Court of Domestic 

Relations, Harris County, Texas, with a letter 

indicating that we did not think this office or 

any Ranger had authority to obey a Writ of 

Commitment. On August 9, 1966, we received 

corrected instruments entitled 'Writ of Commltment' issued 'To Any Texas Ranger Within the 

State of Texas,' together with a letter from 

Judge Mills asking that the Writs be served. 

A copy of the letter and instruments are 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 Question No. 1 is 

'yes,' should the person taken into custody 

by the Ranger be considered under arrest? 

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Colonel Homer Garrison, Jr., page -2- (C-741 ) 

If it is your opinion that such person would 

be considered under arrest, wouldthe Ranger 

need to take such person Immediately before a magistrate In the county where he 

was arrested and, 

5 

f so, would the maglstrate in said coun y have the authority 

to set ball for the prisoner?" 

To begin with we point out that upon a finding of 

disobedience to a child support order the court may enforce 

its jud ment by orders as in other cases of civil contempt. 

Rule 3 08 -A, Texas Rules of Civil Procedure. Therefore, we 

must look to the applicable provisions of the Civil Statutes 

and the Texas Rules of Civil Procedure In order to find an 

answer to your problem. 

In answer to Question No. 1 it Is our opinion that based 

upon Article 4413 (11) (4) the Texas Rangers "have authority 

to execute process in civil cases when specially 

dire&d by a judge of a co% of record; and in all cases 

shall be governed by the laws regulating and defining the 

powers and duties of sheriffs when in the discharge of similar duties." Thus, since the commitment In question Is 

specifically directed to 

of Texas" 

"Any Texas Ranger Within The State 

a Texas Ranger Is a proper person to execute the 

commitment in accordance with the order of the Court causing 

its Issuance. 

The writ of commitment is executed by taking Into 

custody the person named therein and delivering such 

person to the authority named 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 shall be confined by 

the Sheriff of Harris County, Texas." Thus, the writ Is 

sufficiently explicit as to the means of satisfying same and 

may be obeyed. Therefore, a Texas Ranger may 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 requirements relating 

to criminal prosecution. See also 20 Tex. Bar Jou;hu;4 (1957) 

and Attorney General'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 

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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 

specially directed by 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 considered under arrest, need not be 

taken immediately before a magistrate nor 

be granted bail. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

BY 

Assistant Attorney General 

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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