RailroadCommissionof Texas
Austin,Texas
Gentlemen: Attentionof Mr. C. F. Petet
OpinionNo. O-1951
Re: (1) Does the law governingthe
State Rangers in effectOctober,
1936, and still in effect,permit
State Rangers locatedat a point where
s legal strike ia in effectto accept
paymentof money from an officerof a
railroadas salary or money to cover their
expenses 1
(2) If not, what is the penaltysnd
to whom should chargesbe filed to correct
such conditions?
We are in receiptof your letter of recent date, requestingthe opinion
of this depsrtment,touchingthe above stated questions‘.We were subae-
quently informedby you that the State'Rangersinvolvedwere special
rangerspertainingto whom,~only, you requestedour opinion.
%,ection5 of Article 4413 (ll),Vernon'sAnnotatedCivil Statutes (Acts
1935, 44th Leg., p. 444, ch. 181, Ill), provides:
"(5).SpeciaL?,,';ers:The'Commiss:~x(PublicSafety Commission)
( :xreiithesisours) shall have authorityto appointsuch number of
specialrangersas may be deemedadvisable,not to exceedThree
B-mdred (300) in number; such rangersshall not have any connection
with any Ranger Companyor Hi&way Motor Patrol;but~'they‘sh&ll at
ally times be subject to the orders of the Commissionand the
Governorfor specialduty to the same extentas the other law
enforcing'officersprovidedfor in this Act; such specialrangers,
however,shall not have the authorityto enforceany lawa except
those designedto protectlife and property,and such rangersare
es-?eciallydenied the authorityto enforceany laws regulatingthe
use of the State highwaysby motor truck and motor buses and other
motor vehicles. Such rangersshsll not receiveany compensation
from the State for their services,ond before the issuanceof the
commissioneach such ranger shall enter into a good and sufficent
bond executedby a Surety Companyauthorizedto do business in Texas
in the sum of Twenty-fiveHundred ($S,>OO.OO) ,Dollars,~
approvedby
RailroadCommissionof Texas, Page #2 (O-1951)
the Director,indemnifying all personsagainstdamagesaccruingas
th; :.r::ult
of any illegalor unlawfulacts on the pert of such
specialranger. All specialranger commissionashall expire on
January .lstof the odd year after appointment,and the Directorcan
revoke any specialranger commissionat any time for cause,and
su?h officershall be designatedin the commissionas Special
Rabd;er
.
"Providedfurtherthat the Commissionshall not issuemore then
ten commissionato specialrangersfor employmentby any one person,
firm or corporationat any one time, except during an emergency,
when in the opinionof the Commissionit is necessaryin.the
interestoP the public justiceto permit the employment'armore than
ten."
It ia observedthat this statute,specificallycontemplatesthe emproyment
of specialrangersby persons,firms or corporations.The right to such
privateemployment,in the absenceof any enactmentto the contrary,
would authorleesuch specialrangersto acceptpaymentof money as a
salary or for expenses,by a railroadcorporation. The statutealso
provides,as will be observedfrom a readingthereof,that suoh special
rangersshell not receiveany compensationfrom the State for their services.
You are, therefore,respectfullyadvisedthat SpecialRangersmay accept
paymentof money, as salary or to cover expenses,from a railroadcorpo-
ration. This, of course,appliesonly to SpecialRangers,and not to the
regularTexas RangerForce, the members of which are compensatedby the
State. Accordingly,it becomesunnecessaryto answeryour secondquestion.
Yours very truly,
s/ Zollie C. Steakley
.ByZollie C. Steakley
Assistant
zcs:arr/ldw
APPROVEDFEB. 21, 1940
s/W. F. RMRR
FSR3T Acl&U.Trn.
ATTORNEYCEXERAL
APPROVEDO?l3IONCOMMITTEE
BY B. W. B.
CHAIRMAN