RailroadCommissionof Texas Austin,Texas
Gentlemen: Attentionof Mr. C. F. Petet
OpinionNo. O-1951 Re: (1) Does the law governingthe State Rangers in effectOctober, 1936, and still in effect,permit State Rangers locatedat a point where s legal strike ia in effectto accept paymentof money from an officerof a railroadas salary or money to cover their expenses 1 (2) If not, what is the penaltysnd to whom should chargesbe filed to correct such conditions?
We are in receiptof your letter of recent date, requestingthe opinion of this depsrtment,touchingthe above stated questions'.We were subae- quently informedby you that the State'Rangersinvolvedwere special rangerspertainingto whom,~only, you requestedour opinion.
%,ection5 of Article 4413 (ll),Vernon'sAnnotatedCivil Statutes (Acts 1935, 44th Leg., p. 444, ch. 181, Ill), provides: "(5).SpeciaL?,,';(PublicSafety Commission) ( :xreiithesisours) shall have authorityto appointsuch number of specialrangersas may be deemedadvisable,not to exceedThree B-mdred (300) in number; such rangersshall not have any connection with any Ranger Companyor Hi&way Motor Patrol;but~'they'sh&ll at ally times be subject to the orders of the Commissionand the Governorfor specialduty to the same extentas the other law enforcing'officersprovidedfor in this Act; such specialrangers, however,shall not have the authorityto enforceany lawa except those designedto protectlife and property,and such rangersare es-?eciallydenied the authorityto enforceany laws regulatingthe use of the State highwaysby motor truck and motor buses and other motor vehicles. Such rangersshsll not receiveany compensation from the State for their services,ond before the issuanceof the commissioneach such ranger shall enter into a good and sufficent bond executedby a Surety Companyauthorizedto do business in Texas in the sum of Twenty-fiveHundred ($S,>OO.OO) ,Dollars,~ approvedby RailroadCommissionof Texas, Page #2 (O-1951)
the Director,indemnifying all personsagainstdamagesaccruingas th; :.r::ult of any illegalor unlawfulacts on the pert of such specialranger. All specialranger commissionashall expire on January .lstof the odd year after appointment,and the Directorcan revoke any specialranger commissionat any time for cause,and su?h officershall be designatedin the commissionas Special Rabd;er .
"Providedfurtherthat the Commissionshall not issuemore then ten commissionato specialrangersfor employmentby any one person, firm or corporationat any one time, except during an emergency, when in the opinionof the Commissionit is necessaryin.the interestoP the public justiceto permit the employment'armore than ten."
It ia observedthat this statute,specificallycontemplatesthe emproyment of specialrangersby persons,firms or corporations.The right to such privateemployment,in the absenceof any enactmentto the contrary, would authorleesuch specialrangersto acceptpaymentof money as a salary or for expenses,by a railroadcorporation. The statutealso provides,as will be observedfrom a readingthereof,that suoh special rangersshell not receiveany compensationfrom the State for their services.
You are, therefore,respectfullyadvisedthat SpecialRangersmay accept paymentof money, as salary or to cover expenses,from a railroadcorpo- ration. This, of course,appliesonly to SpecialRangers,and not to the regularTexas RangerForce, the members of which are compensatedby the State. Accordingly,it becomesunnecessaryto answeryour secondquestion.
Yours very truly,
s/ Zollie C. Steakley
.ByZollie C. Steakley Assistant APPROVEDFEB. 21, 1940 s/W. F. RMRR FSR3T Acl&U.Trn. ATTORNEYCEXERAL
APPROVEDO?l3IONCOMMITTEE BY B. W. B. CHAIRMAN