Texas Attorney General Opinion: GA-0608 Page: 3 of 4
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The Honorable Susan D. Reed - Page 3
Title 39, section 233.1 of the Code of Federal Regulations, entitled "Arrest and investigative
powers of Postal Inspectors," sets forth certain authority of inspectors of the USPIS and inspectors
of the USPS-OIG, referring to both as "Postal Inspectors." Id. 233.1(a). While recognizing their
common authority to enforce laws related to the mails, the section circumscribes the primary
responsibility of the USPS-OIG and the USPIS:
(b) Limitations. The powers granted by paragraph (a) of this section
shall be exercised only--
(1) In the enforcement of laws regarding property in the custody of
the Postal Service, property of the Postal Service, the use of the mails,
and other postal offenses. With the exception of enforcing laws
related to the mails:
(i) The Office of Inspector General will investigate all
allegations of violations of postal laws or misconduct by postal
employees, including mail theft; and
(ii) The Inspection Service will investigate all allegations of
violations of postal laws or misconduct by all other persons.
Id. 233.1(b).
II. Analysis
The goal of statutory construction is to ascertain and give effect to legislative intent. See Tex.
Natural Res. Conservation Comm 'n v. Lakeshore Util. Co., 164 S.W.3d 368, 378 (Tex. 2005). We
derive the Legislature's intent primarily from the statute's plain language. Id. Generally, a statute's
words are given their common meaning. TEX. GOV'T CODE ANN. 311.011(a) (Vernon 2005).
Article 2.122(a)(6) of the Code of Criminal Procedure grants certain law enforcement authority to
"Inspectors of the United States Postal Service" without regard to the internal department or unit of
the Postal Service employing such inspectors. See TEX. CODE CRIM. PROC. ANN. 2.122(a)(6)
(Vernon Supp. 2007). Although USPS-OIG did not exist in 1985 when article 2.122(a)(6) was
promulgated, the statute's plain language applies to an inspector of USPS-OIG as well as to an
inspector of USPIS because they are both "Inspectors of the United States Postal Service." Id. And
as the USPS-OIG has informed us, and as reflected in Postal Service rules, USPS-OIG and USPIS
inspectors exercise law enforcement functions held by postal inspectors generally in 1985. See OIG
Brief, supra note 4, at 1; see also 39 C.F.R. 233.1(b)(1)(i)-(ii) (2008). Accordingly, we conclude
that article 2.122(a)(6) of the Code of Criminal Procedure grants certain state powers of arrest,
search, and seizure to both the inspectors of the USPIS and the inspectors of the USPS-OIG.(GA-0608)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0608, text, March 13, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275504/m1/3/?q=%22Government+and+Law+-+Elected+Officials+-+Attorneys+General%22: accessed July 8, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.