. l
The Attorney General of Texas
I
.- January 15, 1982 ”
MARK WHITE
Attorney General
Supreme Court BulldinS Mr. Fred Toler, Executive Director Opinion No. MW-426
P. 0. Box 1254a Texas Commission on Law Enforcement
Auatln. TX. 78711 Officer Standards and Education Re: Appointment of peace
512/475-2501 220-E Twin Towers Office Building officers identified in article
TolaX Qlom74.13S7
1106 Clayton Lane 2.12, section 8
Telecopier 512/475&I255
Austin, Texas 78723
1507 Main St.. Suile 1400 Dear Mr. Toler:
DalIan. TX. 75201
214l7428944
You have requested our opinion regarding whether a district court
or county court at law may appoint and commission a peace officer
4S24 Alberta Ave., Suite 150 pursuant to article 2.12, section 8 of the Texas Code of Criminal
El Paso. TX. 79905 Procedure and if so whether that person so appointed must be licensed
915l533.3454 as a peace officer pursuant to article 4413(29aa), V.T.C.S.
1220 Dallas Ave.. Suite 202
Article 2.12 of the Code of Criminal Procedure provides in
Houdon. TX. 77002 pertinent part:
713mwa555
The following are peace officers:
905 Broadway. Suite 312
Lubbock. TX. 79401 ...
SOW747.5238
(8) any private person specially appointed
to execute criminal process....
4309 N. Tenth. Suite S
McAllen. TX. 78501
5126S24547 Criminal process issues to aid in the detection or suppression of
crime. Bloss v. State, 75 S.W.2d 694 (Tex. Crlm. App. 1934). It
includes warrants for arrest. Id. Article 2.12 itself does not
200 Main Plaza. Suite 400 authorize the appointment of any person to execute criminal process.
San Antonio, TX. 78205
5121225-4191
We must look to other statutes for such authority.
Articles 15.14 and 15.15 of the Code of Criminal Procedure
An Equal OpportunityI authorize the execution of a single warrant of arrest by a suitable
Allirmative Action Employer person where the services of a peace officer cannot be procured. A
magistrate may specifically appoint a private person by having such
person named in the warrant. These statutes are designed for the
protection of a private person by temporarily vesting that private
person with the same rights, duties and liabilities of a peace officer
during the execution of a criminal warrant. This authority terminates
when the purpose of his appointment is attained. -See O’Neal v. State,
22 S.W. 25 (Tex. Grim. App. 1893).
p. 1450
. l Hr. Pred Toler - Paga 2 (HW-426)
Article 45.20 of the Code of Criminal Procedure authorizes a
justice of the peace to appoint any person other than a peace off leer
to execute a warrant of arrest by specially naming that person in_ the
warrant. There are no restrictions placed on the authority of the
justice of the peace to appoint a private person other than that it
must be deemed a necessary appointment. See also Code Grim. Proc.
art. .%.Ol (authorizing an individual who is not a peace officer to
serve subpoenas in criminal actions).’
Articles 15.14, 15.15. and 45.20, of the Code of Criminal
Procedure cannot be utilized to vest a person with the general and
extended powers of a peace officer since these statutes are intended
to deal with one particular execution of criminal process. A private
person’s authority as a peace officer expires upon execution of the
warrant. Due to the temporary nature of an appointment pursuant to
articles 15.14, 15.15, and 45.20, a person so appointed would not need
to be licensed as a peace officer. -See V.T.C.S. art. 4413(29aa),
§6(b)l.
SUMMARY
Article 2.12 of the Code of Criminal
Procedure defines as peace officers those persons
who occupy a position which has otherwise been
provided for statutorily or constitutionally. It
Is not an enabling act and does not grant a
district court or county court at law authority to
appoint and conmission peace officers.
Very truly yours,
Attorney General of Texas
JOHNW. FAINTER, JR.
First Assistant Attorney General
RICHARDE. GRAY III
Executive Assistant Attorney General
Prepared by J. D. Hooper
Assistant Attorney General
APPROVED:
OPINION COHMITTEE
Susan L. Garrison. Chairman
Jon Bible
Rick Cilpin
J. D. Hooper
Jim Moellinger
p. 1451