Texas Attorney General Opinion: GA-0709 Page: 1 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
- Highlighting
- Highlighting On/Off
- Color:
- Adjust Image
- Rotate Left
- Rotate Right
- Brightness, Contrast, etc. (Experimental)
- Cropping Tool
- Download Sizes
- Preview all sizes/dimensions or...
- Download Thumbnail
- Download Small
- Download Medium
- Download Large
- High Resolution Files
- IIIF Image JSON
- IIIF Image URL
- Accessibility
- View Extracted Text
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
April 20, 2009
The Honorable Pete Gallego Opinion No. GA-0709
Chair, Committee on Criminal Jurisprudence
Texas House of Representatives Re: Authority of a county attorney to issue
Post Office Box 2910 commissions for reserve or nonpaid peace
Austin, Texas 78768-2910 officers (RQ-0730-GA)
Dear Representative Gallego:
You have requested that we answer a question submitted by your colleague, Representative
Joe Driver, former chair of the Committee on Law Enforcement. We were asked whether a county
attorney has authority to commission reserve or nonpaid peace officers.' We find no reference in
the statutes to a "nonpaid" peace officer and thus consider a county attorney's authority only with
respect to "reserve" peace officers. But see TEX. WATER CODE ANN. 60.0775 (Vernon Supp.
2008) (describing volunteer police reserve force).
The term "reserve law enforcement officer" is defined in section 1701.001, Occupations
Code, to mean those officers appointed under sections 85.004, 86.012, and 341.012, Local
Government Code, and section 60.0775, Water Code. TEX. OCC. CODEANN. 1701.001(6) (Vernon
Supp. 2008). Respectively, those provisions authorize the appointment of sheriff and constable
reserve deputies, a municipal reserve police force, and a navigation district volunteer police reserve
force. See TEX. Loc. GOV'T CODE ANN. 85.004 (Vernon 2008) (providing for appointment of
reserve deputies by the sheriff), 86.012 (providing for the appointment of reserve deputy constables),
341.012 (Vernon 2005) (authorizing the governing body of a municipality to establish a police
reserve force); TEX. WATER CODE ANN. 60.0775 (Vernon Supp. 2008) (providing for the
establishment of a volunteer police reserve force). Chapter 1701 contains no authorization for a
"reserve" peace officer under the auspices of a county attorney.
Three ofthe provisions in section 1701.001 defining reserve law enforcement officer are also
referenced in article 2.12, Code of Criminal Procedure. See TEX. CODE CRIM. PROC. ANN. art. 2.12
(Vernon Supp. 2008). In article 2.12, the definition of the term peace officer includes express
reference to particular reserve officers. Article 2.12(1) provides that "reserve [sheriff] deputies who
hold a permanent peace officer license issued under Chapter 1701, Occupations Code" are peace
officers. See id. art. 2.12(1). And "reserve deputy constables who hold a permanent peace officer'See Request Letter (available at http://www.texasattorneygeneral.gov).
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0709, text, April 20, 2009; (https://texashistory.unt.edu/ark:/67531/metapth275605/m1/1/?q=%222009%22: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.