Untitled Texas Attorney General Opinion

HonorableWallace D. Beasley ExecutiveDirector Texas COmmiSSiOn on Law Enforcement Officer standards tima Education 503-E Sam Houston Building Austin, Texa8 70701 . Opinion No. M-966 Rer Standards of selection aa training of Special Dear Sir: Rangers. 'Youhave inquired of this office whether certain described Special Rangers are peace officers and thereby subject to the minimum standards of selection and training establishedby the Texas Commission on Law Enforcement Officer Standards,andEdu- cation. I quote from your opinion request *There are a number of duly authorized statewide organizationswho have employees whose work in specialized fields closely parallels work being done~by officers of the Department of Public Safety as well as,sheriffs and chiefs of police. To promote the necessary cooperation between these organizations aa various law enforcement officers throughout the state, a number of such employees have been appointed Special Rangers under the provisions of Article 4413(U) (5) Vernon's An- notated Civil Statutes. Article 4413(29aa) Vernon's Annotated Civil Statutes requires all peace officers to comply with minimum standards of selection and training as promulgated by the Texas Commission on Law Enforcement Officer standards aa Education. An opinion is requested as to whether such described Special Rangers, when commissioned as law enforcement officers by the Department -4724- -. . Honorable Wallace D. Beasley, page 2 (M-966) of Public Safety, are peace officers, as defined in Article'2.12 Texas Code of Criminal Procedure, and thereby subject to the minimum standards con- tained in Zuticle 4413129aa)Vernon’s Annotated Civil Statutes.' Article 4413(U) (5) Vernon's Annotated Civil Statutes (as recently amended) provides8 "(5) Special Rangers. The Commission 'shall have authority to appoint as Special Rangers honorably retired commissioned officers of the Texas Department of Public Safety, and shall, in addition, have authority to appoint such number of Special Rangers as may be deemed advisable, not to exceed three hundred (300) in number8 such rangers shall not have any connection with any Ranger Company or uniformed unit of the Depart- ment of Public Safety, but they shall at all times be subject to the orders of the Commission aa the GOVeMOr for special duty to the same extent as the other law enforcement officers provided for in this Act) such Special Rangers, however, shall not have the authority to en- force any laws except those designed to protect life and property, and such’rengers are especi- ally denied the authority to enforce any laws regulating the use of the State highways by motor truck and motor buses and other motor vehicles. Such rangers shall not receive.any compensation from the State for their seridces, and before the issuance of the commission each such ranger shall enter into a good and suf- ficient bona executed by a Surety Company author- ized to do business in Texas in the sum of Twenty-five Hundred Dollars ($2,500), approved by the'Director, indemnifyingall persons against damages accruing as the result of any illegal or unlawful acts on the part of such Special Ranger. All Special Ranger Conmissions shall expire on January 1st of the odd year after ap- pointment, and the Director can revoke any Special Ranger Commission at any time for'cause, and such officer shall be designated in the Commission as Special Ranger." -4725- . . - . HonorableWallace D. Beasley, page 3 (M-966) Article 2.12 Texas Code of Criminal Procedure (as amended in 1967) provides in pertinent part: 'The following are peace officers: . . . rangers and officers commissioned by the Public Safety Commission and the Director of the Department of Public Safety . . . ana any private person speci- ally appointed to execute criminal process.. The persons you have described are rangers and are there- fore peace officers, even though they be full time employees of the various organizations indicated. Article 4413(29aa)6ib),Vernon's Annotated &,vil Statutes, provides in pertinent part: *No person after September 1, 1970 shall be appointed aa a peace officer . . . unless such person has satisfactorilycompleted a preparatory program of training in law enforcement at a school approved or operated by the Commission.8 We find no authorized statutory exception to the foregoing insofar as the special rangers you have described are concerned. It is therefore the opinion of this office that persons em- ployed by the statewide organizations to conduct investigative work, but who are appointed special rangers, must meet the legal minimum standards of,selection aa training. SUMMARY ----m-w Employees of statewide organizations who have been appointed special rangers by the Public Safety Commission to promote cooperation between their offices and the various law enforcement offices throughout the state, are peace officers and must comply with established minimum stand- ards of selection and training, as established by the Texas Connnissionon Law Enforcement Officer Standards and Education. -4726- . . . r. Honorable Wallace D. Beasley, page 4 (M-966) Prepared by Howard M. Fender Assistant Attorney General Kerns Taylor, Chairman W. E. Allen, Co-Chairman W. Barton Baling Bob Lattimore Bill Craig Ken Nordquist SAM MCDANIEL Acting Staff Legal Assistant ALFRED WALmR Executive Assistant NOLA WRITE First Assistant -4727-