OFFICE OF THE AnOIiNEY GENERAL OF TEXAS
AUSTIN
Honorable Homer Garrison, Jr.
Director, Department of Public Safety
Austin, Texas
Dear Sir:
sport -ion
"\)
We are in receipt Of August 31, 1939,
wherein you request our opin er or not the grant-
ing of passes or fra y transportation
agency to members of 1 would be a viola-
tion of the anti-pass propriationbill passe&
by the 46th Legislat ou have reference to
the anti-passprov 7, 46th Legislature.
nion No. O-445 of this
General.James P.Hart
tatlon Division of
the opinion Is
es provisions of Senate Bill
force and effect, due to
of the bill to give reason-
tains provisions relating to the eubJect
ee passes to State employees. Such anti-
Id the same cannot be violated.
ion be misleading,however, we feel
o you Article 4005, Revised Civil Sta-
generally the granting of free passes an8
franking privileges by steam or eleotrlc railway companies,
street railway companies, interurban railway companies,other
chartered transportationcompanies, express oompanles, sleeping
oar companies,telegram companies, telephone companies and other
persons or aseoclatlonsof persona operating the Bame to any
person, firm or associationof persons except a8 thereafter
provided In the same title. Article 4006, Revised Civil Statutes,
sets forth a long list of persons to whom free passes may be granted.
745
Hon. Homer Garrison, Jr. #2
A large number of these are public officer8 and a8 to moat of
them no specific requirementis made that they shall be engaged
in the discharge of official duties at the time of making u88
of the free pa88 or franking privilege. A8 to others, however,
there are restrictions. Among the exaeptlonelisted under said
Article 4006 are the following:
* United States Marshals and no more than two
of the'dip;tleeof each such marshal; State rangers; the
AdJutant General and A8eietant Adjutant General of this
State; member8 of the State militia in uniform and when
called into the service of the State; sheriffs and no more
than two of their deputies; constables and no more than
two of their deputiee;chiM?sofpolice or city marshals,
whether elected or appointed; members of the Livestock
Sanitary Commieeionof Texas and their inepectorsnot
to exceed twenty-fivein number for any one year; and any
other.bonafide peace officer when hi8 duty Is tomexecute
criminal process; bona fide policemen or firemen in the
eervioe of any city or town in Texas when such policemen or
firemen are in the discharge of their public duty, but
thle provision shall.not be conetrued 80 as to apply to
persona holding comml8eloneas special policemen or firemen."
Members of the Texas Highway Patrol are not epeclfically
named amongst the exceptionsprovided in Article 4006. A highway
patrolman being a peace officer, however, we think he could properly
receive a pace and make uee of the same while engaged in the execu-
tion of criminal process.
.Yourevery truly
ATTORNEY GENERAL OF TEXAS
GRL:N By (Signed:GLENN R. LEWIS
Glenn R. Lewis
Aee%etant
Approved
Opinion Committee
BY WC
Chairman