Texas Attorney General Opinion: O-431 Page: 1 of 5
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.1.3
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN*h&. C. MANN
aMarch 7, 1939
Mr. Fred T. Porter
UoutAttomoyI
raw
County Attorney
Kaufman, Texas
Dear Sire
Opinion No. 0-431
Ret Unconstitutionality of'Artiole 803a
of the Penal ode of Texa s' feha
of ofiots ma ng arrests ftmrypee&-
lags. /
questions;Your request 4r 6tinpA a a the following
1. Is/Artolo 863 o the Penal Code
unconstitutional add void' n t s entirety?
"peI/ My o'roo~4t akini, n arrest in
speodin oaesa oh~ge a"d collect their
regular feast" s .
\ \ /
has bytNceivedbY thr Dtartment.
/".-' tiLaloe 8'05a of the Penal Code of Texas, as
eend4d by th\AotS of--the 5th Called Session of the
41st Legisl&tur (Cgapter 76, Seotion 1),:. sa-r.s fol
lows: \7,Scinl, .4 ast-
\. \"No ottioer shall have authority to make
any areet for violation of the laws of this
State relating to the speed of motor vehicles
unlesnshe is at the time of such arrest wear-
in3 a uniform and badge clearly distinguish-
ing him from ordinary civilians or private
citizens, and shall have no authority to make
any suoh arrests by designedly remains in
hiding or lying in wait unobserved in order
to trap those suspected of violating the
speed laws in reference to motor vehicles.
No such officer, and no sheriff, constable,
marshal, policeman, traffio officer, or other
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-431, text, March 7, 1939; (https://texashistory.unt.edu/ark:/67531/metapth257615/m1/1/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.