May 4, 1999
D. C. “Jim” Dozier, J.D., Ph.D. Opinion No. JC-0041
Executive Director
Texas Commission on Law Enforcement Re: Whether section 141.065 of the Human
Offrcer Standards and Education Resources Code prohibits a peace officer from
6330 U.S. Highway 290 East, Suite 200 simultaneously serving as a juvenile probation
Austin, Texas 78723 ofticer (RQ-1224)
Dear Dr. Dozier:
You have requested our opinion as to whether a peace officer may simultaneously serve as
a juvenile probation offricer. We conclude that he may not do so.
Section 141.065 of the Human Resources Code provides:
A peace officer, prosecuting attorney, or other person who is
employed by or who reports directly to a law enforcement or
prosecution official may not act as a probation officer or be made
responsible for supervising a juvenile on probation.
TEX. HIIM. Rns. CODE ANN. 5 141.065 (Vernon 1990). We have received a brief that asserts that
the above-referenced provision is applicable to a peace officer only if he is “employed by” or
“reports directly to” a law enforcement or prosecution official. But this is not the sense of the
sentence. The clause “who is employed by or who reports directly to a law enforcement or
prosecution official” clearly modifies “other person.” It does not modify “peace offtcer” or
“prosecuting attorney.” Thus, the prohibition of section 141.065 applies to any “peace officer,” and
any such person is barred from simultaneously serving as a juvenile probation officer.
Chapter 415 of the Government Code establishes the Texas Commission on Law
Enforcement Officer Standards and Education [“TCLEOSE”]. Section 415.001(5) thereof defines
“peace officer” as “a person elected, employed, or appointed as a peace officer under Article 2.12,
Code of Criminal Procedure, or other law.” TEX. GOV’T CODEAM\I. 5 415.001(5) (Vernon 1998).
Article 2.12 lists twenty-nine classes of “peace officers.” TEX. CODEGRIM.PROC.ANN. art. 2.12
(Vernon Supp. 1999). Section 51.203 of the Education Code is an example of an “other law” that
authorizes the appointment of peace officers, in this case, campus security offtcers. TEX. EDUC.
CODEANN. 5 51.203 (Vernon 1996);seealsoTex. Att’y Gen. Op.No. MW-537 (1982) (West Texas
Mr. D. C. “Jim” Dozier, J.D., Ph.D. - Page 2 (X-004 1)
State University police offtcers are “peace officers” within the meaning of section 5 1.203 of the
Education Code). Consequently, an individual who holds one of the positions denominated “peace
offtcer” in article 2.12, or by some other statute, whether the person is “elected, employed, or
appointed,” is prohibited by section 141.065 of the Human Resources Code from simultaneously
serving as a juvenile probation officer.
There appears to be some confusion about the difference between a “peace officer” and a
person licensed by TCLEOSE. Section 415.051 of the Government Code provides that “a person”
may not appoint an “officer,” defined in section 415.001(4) to include a peace officer, “unless the
officer. . has the appropriate license from the commission.” TEX. GOV’T CODEANN. 5 415.05 1(a)
(Vernon 1998). TCLEOSE does not commission peace officers; it merely licenses individuals who
may be appointed peace officers. As a result, a person may be a TCLEOSE licensee, but not a
“peace officer.” Section 141.065 ofthe Human Resources Code does not prohibit a mere TCLEOSE
licensee from serving as a juvenile probation officer. Rather, it only prohibits a “peace officer,” as
we have defined the term, from serving as a juvenile probation officer.
SUMMARY
Section 141.065 of the Human Resources Code prohibits a
“peace officer,” as defined by article 2.12 of the Code of Criminal
Procedure, or other law, from simultaneously serving as a juvenile
probation officer. It does not prohibit a mere licensee of the Texas
Commission on Law Enforcement Officer Standards and Education
from serving as a juvenile probation officer.
Yo sverytru ,
4cJGw
JOlkN C&RNYN
Attorney General of Texas
ANDY TAYLOR
First Assistant Attorney General
CLARK RENT ERVIN
Deputy Attorney General - General Counsel
ELIZABETH ROBINSON
Chair, Opinion Committee
Prepared by Rick Gilpin
Assistant Attorney General