TEXAS
AUSTENBP.TEXAS
Marah 25, 1949
Hon. R. A. Smoot S&mid, Member
Board o? Pardons and Parolee
Cepitol Station
Austin, Texas
Opinion NO. vi793
Re: Authority of a district
judge to appoint, with the
approval of the Board of
Pardons and Parolee, a pro-
bation and parole officer
under the proviaiona of
Article 701b, V.C.C.P., to L
serve without cost to the
State or county.
Dear Sir:
Your request for an opinion on the above cap-
tioned subjeot, in -part,reads:
m#e desire the opinion of your office
regarding the legali,tyof the appointment
of a Probation Officsr by a District Judge,
under the provisions of Article 78lb,Code
of Criminal Procedure, wi~thoutcost to the
aounty or state, and the confirmationof
this appointmentby the Board of Pardons
and Paroles.
“Under paragraph one of Seotion 24,
Article 78lb, it is the interpretationof
the Board that the appointment of Parole and
Probation offiaers ie a prerogativeof the
Board of Pard6nnsand Paroles.
“We quote from paragraph one of Section
24 Article 781b; Code of Criminal Procedure:
o’All appointmentsof probation and pa-
role officers shall be made from’the
eligible list by the Director OY Proba-
tion and Parole, subjeot to and with
Hon. R. A, Smoot S&mid - Page 2 (V-793)
the appr$val of said Board**
*It is the interpretationof the
District Judge that he &,qs the power un-
der Article 781b to appoint a probation
officer without cost to the county or
state and has requested the Board to con-
firm this appointment.
*Your opinion is neosssary on ao-
count of the oonfllotingviaws of the
Board of Pardon8 and Parole8 and the Dia-
trict Judge,";
Section 23 of Article 781b, V.C.C,PO, author-
izes the Board of Pardon8 and Paroles to appoint a Di-
rsator of Probation and Parole whenever appropriations
are made available to pay his salary and enable him to
perform the duties 'imposedupon him by Article 781bs
Section 24 authorizes the Director of Proba-
tion and Parole, nappropriation8permitting,"to ap-
point probation and parole officers, subjeot to the hap-
proval of the Board of Pardons and Parolea. The duties
of such officers are presoribed by Article'ISlband per-
tain to both probationersand paroleesO~The salaries
of these,officers are paid by the State.'
In Attorney General's Opinion Ro, V-4lS, it
was said:
Wectfons 24, 25, 26, 27, 28, and
29 provide for the appointmentof proba-
tion and'paroleofficer8 and define their
duties and powers and provide for their
assignmentto various court8 of the State,
It is contemplatedfrom such Sections
that these probation and parole officer8
are to be full-time employee8 and receive
a salary for their services, However
the Legislature has made no appropriafions
to pay the salaries of such officers and
by reason thereof, such Section8 are inef-
feotual until a subsequentLegislatureap-
propriatesmonies with which to pay the
salaries of such officers.W
Hon. R. A. Smoot Scbmid - Page 3 (V-793)
The exclusive power to appoint probationand
parole officers has been conferred by Article 701b up-
on the Director of Probation and Parole, subject to the
approval of the Board of Pardons and Paroles. There-
fore, it necessarily follow8 that a district judge has
no authority in virtue of that Article to appoint, ei-
ther with or without the approval of the Board, a per-
son to act as such an officer, with or without cost or
expense to the State or county.
Article 781b, supra, commonly known as the
"Adult Probation and Parole Law," has no application
whatever to juveniles. This opinion of course* i8 not
concerned with those statutes providing for the appoint-
ment of juvenile probation or parole officera,whose du-
ties are confined to juvenile cases.
S-Y
The exclusive power to appoint probation
and parole~officersha8 been conferred by Ar-
ticle 781b, V.C,C.P.; upon the Director of
Probation and Parole, BubjeOt to the approval
of the Board of Pardons and Paroles.
A district judge has no authority to ap-
point, either with or without the approval of
the Board of Pardon8 and Paroles, a person to
act as a probation and parole officer,with or
without cost'or expense to the State or county.
Art. 701b, V,C.C,P., 88~8. 23; 24.
Yours very truly,
ATl'ORNRYGRMRRALOFTEXAS
I
Bruce W. Bryant
D#B:wb ASSiBtaut
ATTORNEYGRWRRAL