Texas Attorney General Opinion: LO89-9 Page: 4 of 5
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Honorable Fred Toler
February 1, 1989
Page 4
the agency substantiates that it has a man-
power shortage. (Emphasis added.)
Section 415.001 defines "officer" to mean "a peace officer
or law enforcement officer."
Section 415.064 of the Government Code provides:
The commission may not adopt or enforce
rules that set the date of appointment of a
peace officer at a later date than the date
that appears on employment records of the
hiring law enforcement agency. (Emphasis
added.)
While the use of the term "law enforcement agency" may
very well have a broader meaning in chapter 415 of the
Government Code than the one given such term in chapter 79
of the Human Resources Code relating to "missing children
and missing persons," it is noted that "law enforcement
agency" is defined in section 79.001 as follows:
(8) 'Law enforcement agency' means a
police department of a city in this state, a
sheriff of a county in this state, or the
Department of Public Safety.
The duties imposed on a "cemetery association" as
reflected by articles 912a-1 through 912a-34, V.T.C.S.,
relate to the acquisition of the property for a cemetery and
its operation. The' fact that a "sexton" is granted powers
of a police officer, sheriff or constable within the
cemetery and within the radius necessary to protect its
property does not constitute a."cemetery association" a law
enforcement agency as that term is used throughout chapter
415.
In your third question you ask who is the "chief admin-
istrative officer" of a cemetery as that term is used in
section 415.012(c) of the Government Code. Section
415.012(c) provides:
The chief administrative officer of a law
enforcement agency or licensed training
school is the person responsible for
compliance with the reporting standards and
procedures prescribed by the commission.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO89-9, text, February 1, 1989; (https://texashistory.unt.edu/ark:/67531/metapth276298/m1/4/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.