Texas Attorney General Opinion: GA-0940 Page: 3 of 4
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The Honorable Jeff Wentworth - Page 3 (GA-0940)
(effectively limiting the ability of other areas of law enforcement to
have knowledge of some outstanding warrants)?
Request Letter at 2. Your request letter does not direct us to any authority specifically addressing
a constable's duty to report-electronically or otherwise-outstanding warrants. However, we note
that chapter 60 of the Code of Criminal Procedure establishes a criminal history record system,
which is maintained by the Department of Public Safety and must include specific information about
certain offenders. TEX. CODE CRiM. PROC. ANN. arts. 60.02(b), .051(a) (West 2006 & Supp. 2011).
The Legislature requires that an "arresting agency ... initiate the reporting process for each offender
charged with a felony or a misdemeanor not punishable by fine only," and it specifies what
information must be included for each offender, Id. arts. 60.08(b), .051. (West Supp. 2011); see also
37 TEX. ADMIN. CODE 27.101(c) (2012) (Tex. Dep't of Pub. Safety, Computerized Criminal
History Sys.) (requiring that local law enforcement agencies "must report . . . the information
required by Texas Code of Criminal Procedure, Chapter 60"). Whether a constable is required to
report a specific offender to the criminal history record system may depend on certain facts,
including the nature of the offense. Constables, as law enforcement officers, have no discretion
when fulfilling this duty and must comply with the requirements imposed by Code of Criminal
Procedure, chapter 60. 37 TEX. ADMIN. CODE 27.101(c) (2012) (Tex. Dep't of Pub, Safety,
Computerized Criminal History Sys.).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0940, text, 2012; (texashistory.unt.edu/ark:/67531/metapth275836/m1/3/: accessed October 22, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.