Bon. ml. Scanlan
Assistant County Attorney
Brownsville, Texas
Dear Mr. scanlanr Opinion I&c.O-207
Re: Sheriff's legal right for issu-
i-g commissions to certain persons
aotiog as Watcl'men,poundmasters, and
others.
Your request for an opinion on the follcwing question has bean
received by this ofMcer Baa the sheriff the legal right to issue commis-
sions to certain persona acting as watcIa+n, poundmasters, and others whose
lusiness requires them to carry large suns of money on theirt persons?
Article 3902 of the Revised Civil Statutes of Texas reads, in
part, as follows:
Yinenever any district, county or precinct
office shall require the services of dsputies;
assistants or clerks in the performance of his
duties he shall apply to the County Ccmaissicners'
Court of his county for authority to appoint such
deputies, assistants or clerks, stating by sworn
application the number needed, the position to be
filled and the amount to be paid. Said applica-
tion shall be accompanied by a statement showing
the probable receipts from fees, cammissions and
compensation to be collected by said office during
the fiscal year and the probable disbLlrsaments
which shall'include all salaries and expenses of
said office; and said court shall make its order
authorizing the appointment of such deputies,
assistants and clerks and fix the compensation to
be paid them wit'binthe limitations herein pre-
scribed and determine the number to be appointed
as in the discretion of said court may be proper;
provided that in no case shall the Commissioners*
Court or any member thereof attempt to influence
the appointment of any person as deputy, assist-
ant or clerk in any offica. Upon the entry of
;-:-horder the officers applying for such assist-
~~-2s.deputies or clerks shall be authorized to
appoint them; proTided that said compensation
shall not exceed the maximm~ amount hereinafter
set cut*"
!--
Ron. Rx. Soanlan, Page 2 (o-207)
The statute sets out specifically the manner in which appoint-
ments of deputies are to be made. When sworn application in the form
above outlined has been presented to ths Commissioners' Court, then the
Ccmmissioners' Court has authority to make its own order authorizing the
appointment of such deputies, assistanbs and clerks, fixing the ccmpensa-
tion of such deputies, assistants and clerks within the legal limitations
and determines the number to be appointed, as in the discretion of tha
Court is proper.
Article 6869 of the Revised Civil Statutes of Texas reads in
part as follows:
"Sheriffs shall have tha power, by writing, to
appoint one or more deputies for their respective
counties, to continue in office during the pleasure
of the sheriff, who shall have power and authority
to perform all the acts and duties of their princi-
pals; and every person so appointed shall, before he
enters upon the duties of his office, take and sub-
scribe to the official oath which shall be indorsad
on his appointment, together with the certificate of
the officer administering ths same; and such appoint-
ment and oath shall be recorded in the office of the
county clerk and deposited in said office. The number
of deputies appointed by the sheriff of any one county
shall.be limited to not exceeding three in the justice
precinct.in which is locatedthe county site of such
county, and one in each justice precinct, and a list of
these appointients shall be posted up in a conspicuous
place in the clerk's office. An indictment for a felony
of any deputy sheriff appointed shall operate a revoca-
tion of his appointment as such deputy sheriff.'
4rticle 6871 of the Revised Civil Statutes reads as follows:
"Wenever in a4y county it becomes necessary to
employ guards for the safe keeping of prisoners and
the security of jails, the s:heriffmay, v.tththe approv-
al of the commissioners' conrt, or in case of emergency,
with the approval of the county judge, employ such nm-
her of guards as may be necessary; and his eccount
therefor, duly itemized and morn to shall ?x allowed by
said court and pait out of the county treasuq."
&ticla 6876 of the Ravised Civil Statutes reads as follows:
,’ ,
,
i
Hon. TPm. Scanlan, Page 3 (o-207)
"Whenever the sheriff or any of his deputies
shall meet with resistance in the execution of any
legal process, they shall call to their aid the
power of the county: end any parson who shall neg-
lect or refuse to aid and assist arqJsheriff cr
deputy in the execution of any legal process when
summoned to do so shall be deemed guilty of a con-
tempt of court, and shall be fined not exceeding
ten dollars, to be recovered on motion of such
sheriff or his deputy and proof of such neglect or
refusal before the court from which such process
issued, three days' notice of such motion being
given to ths party accused, ant in addition tkreto
may be punished criminally as prescribed in the
Penal Code.'
Piith regardti county traffic officers, their appointment and
the compensation to be paid them is fixed by Article 6699, and are not to
be considered in the limited number of deputy sheriffs that is specifically
provided for in the above mentioned articles.
Article 1015, Section 18, Revised Civil Statutes, gives the
governing body of a city the right to appoint watchmen and policemen and
prescribe their duties, po'wersand compensation.
In vies of the foregoing authcrities, you are respectfully
advised that it is the opinion of this De;artment that the sheriff does
not have authority or the legal right to issue commissions to person who
have jobs as watchmen or as poundmasters, or any other persons except hi
the method prescribed in Articles 3902 and 6569. Any other appointments
so made are without authority of law. Lancaster vs. Carter, 255 S.D. 392.
Trusting that the foregoing answers your inquiry, we are
vqr truly yours
ATTCREEY G'L?SPA.L
OF TFXAS
Ry /s/Ardell Zllisms
Ardell Williams
Assistant