Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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A constable may perform law enforcement services on property that extends into another precinct of the countyGA-0189
Airport security personnel, proper title forLO90-081
Arrests in municipal water district, authority of Water Code enforcement officers who are not peace officers to makeLO95-027
Authority granted to peace officers from adjoining states under article 2.124 of the Code of Criminal Procedure includes the authority to use deadly force and is limited to the municipal limitsGA-0690
Benefits under chapter 615 of the Government Code, we will not speculate on the meaning a court would give to the phrase "continued health insurance benefits" given the latent ambiguity in section 615.073 and the circumstances by which a surviving spouse becomes eligible forGA-0822
Child sexual abuse reports, investigation ofGA-0106
City council does not have authority to require police department to purchase vehicles with forfeiture funds distributed to department pursuant to article 59.06 of Code of Criminal Procedure JC-0005
Civil standby statute does not confer immunity on peace officers who escort perpetrators of domestic violence to family home in compliance with directive in protective order issued by judgeJC-0289
Code of Criminal Procedure article 18.01(b), a search warrant affidavit becomes public information when sworn to and filed with the court pursuant toKP-145
Collective bargaining, deputy sheriffs are entitled to organize and collectively bargain under Local Government Code chapter 174, The Fire and Police Employee Relations ActGA-0238
Collective-bargaining agreement that authorizes police chief to finally approve promotions may be amended to provide another official with final approval authority where police chief's close relative is qualified for promotion, so that close relative may JC-0336
Commissioned peace officers employed by the state of political subdivisions of the state who are also employed off-duty as private security officers do not violate acceptance of honoraria prohibition in section 36.07 of Penal CodeGA-0256
Constable may not provide law enforcement services for a fee to private property owners association outside constable's precinct under section 351.061 Local Government CodeGA-0938
Constitutionality of sections 143.088 and 143.1041, Local Government CodeGA-0670
Continuing education courses regarding traffic and highway laws and the use of radar equipment, peace officer not currently required to attendJC-0497
Contraband seized by a peace officer, county or municipality responsible for costs of safeguarding propertyDM-0247
Conversation of person seated in police car, police officer who secretly records or broadcasts does not commit an offenseJC-0208
County may not by agreement authorize one county to extend its law enforcement jurisdiction into the other county. Counties may agree for the deputy sheriff's of one county to perform law enforcement services in another county, but only as officers of theGA-0189
Death "in the custody of a peace officer" occurs for purposes of Code of Criminal Procedure provision requiring investigation and report when decedent is either under arrest or under physical control or restraint by peace officerGA-0109
Delete time from military leave-time account, a municipality may notGA-0174
Deputized judge's bailiff is a peace officer and subject to peace officer licensing requirementsLO94-038
Derived judicial immunity applies to officials exercising the functional equivalent of judicial discretion; generally, a bailiff and chief of courthouse security screening individuals at the courthouse would not be exercising the functional equivalent of GA-0146
Disciplinary action, school district police department cannot take disciplinary action on a complaint against a police officer without giving the officer a copy of the complaint signed by the complainantGA-0251
Electronically readable driver's license information, private security guard may run a driver's license through a device that electronically reads driver's license information to enable Port of Houston Authority police officers to access and use the inforGA-0196
Felon is not eligible to be licensed as peace officer even if pardoned for offenseLO90-001
Final say on where to land a helicopter at a traffic accident scene, a helicopter pilot rather than a sheriff’s office or fire department would always have theGA-0859
Fire Fighter and Police Officer Civil Service Act prohibition against certifying a person 45 years or older for a beginning position in a police department, no case or statute indicates that it applies to a police officer who voluntarily resigns and then is reappointed to a departmentGA-0741
Forfeiture funds, law enforcement agency is generally authorized to determine the law-enforcement purposes for which funds are expendedDM-0072
Full time employment as a peace officer, it is a question of fact under section 1702.322 of the Occupations Code whether a person employed as a county jailer and a deputy sheriff hasGA-0465
Funds allocated for continuing education of local law enforcement officers may not be diverted to the general fund of a county or municipalityJC-0190
Government Code subsection 552.1175(b) neither requires nor prohibits a governmental body from photocopying the evidence that verifies a person's employment status as a current or former law enforcement individual under Government Code subsection 552.1175(a).GA-1086
Handguns, amusement park's authority to prohibit peace officers from carrying on park premisesLO97-007
Handheld laser speed enforcement device equipped with a video camera and GPS technology, under section 542.2035 of the Transportation Code a municipality is prohibited from using aGA-0846
Identification cards, section 614.122 of Government Code does not require issuance to uncompensated personsGA-0619
Insurance and benefits coverage, municipality must maintain when a police officer is called for military duty, but only on the terms in effect when the employee received the call which may include the employees' obligations to pay their portion of any preGA-0174
Investigations, constable's jurisdiction to investigate a criminal offense in the county outisde of the constable's precinctGA-0349
Juvenile probation officer, peace officer may not simultaneously serve asJC-0041
Largely independent of the control of others, DPS commissioned officer subject to being discharged by Director of Public Safety or Public Safety Commission does no operateGA-0365
License may not be granted to convicted felon who has successfully completed his or her probationary term but who has not subsequently proven his or her innocenceLO93-053
Licenses of constitutional law enforcement officers, authority of Commission on Law Enforcement Officer Standards and Education to revokeDM-0323
Licensure and other requirements applicable to peace officers and public security officers, authority of Commission on Law Enforcement Officer Standards and Education to adopt rules applying same standardsLO94-015
Licensure as peace officer, elected or appointed officer who failed to obtain in accordance with statute may run for reelection or be appointed to same officeDM-0322
Magnetic stripe information contained on driver's license may be used only by law enforcement and other government personnel acting in official capacities (Superceded by statute - Tex. Alco. Bev. Code Ann. § 109.61)JC-0337
Member of police department means employee of the department who has a peace officer's licenseGA-0027
Metropolitan rapid transit officer may investigate traffic accidents occurring within boundaries of transit authorityLO92-071
Military leave of absence, authority of civil service commission, when a police officer or fire fighter returns from a military leave of absence, to demote officers who had advanced in rank because of the military leave of absenceGA-0325
Military leave-time account, municipal police officers are entitled to donate any amount of leave to their department's military leave-time account that they would be entitled to use for themselvesGA-0174
Misuse of official information statute and official oppression statutes not violated by law enforcement officers who give citizen's group addresses of "crack houses" and drug dealersLO96-150
Municipal judge in different city, police officer not as a matter of law prohibited from serving asLO93-059
Municipal police officer may accept bond for non-municipal offense at location other than county jail pursuant to bond documents prepared by the county sheriff's departmentJM-1217
Municipal warrant officers, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiff for municipal court of recordJM-1222
Nepotism laws, chief of police may not finally approve interdepartmental transfers of son or nephew involving no change in salary if approval permits chief to exercise discretionJC-0193
Nepotism statute, police chief's nephew may be promoted to rank of lieutenant if collective-bargaining agreement assigns final authority for promotion to official other than police chief consistently with, and police chief may assign duties among lieutenaJC-0336
No source of law prohibits a governmental body that chooses to photocopy the evidence of an individual's law enforcement status submitted pursuant to Government Code section 552.1175 from retaining the copies.GA-1086
Oath of office, whether DPS commissioned officer is public officer required to takeGA-0365
Off-duty status does not limit law enforcement authority in presence of criminal activityGA-0106
Open-enrollment charter schools are not authorized in that capacity to operate a commissioned police force GA-0532
Park ranger of City of San Antonio is not a "police officer"LO90-024
Part-time peace officers employed by junior college district, applicability of Private Investigators and Private Security Agencies Act toLO97-111
Peace Officer - authority of constable to sponsor the peace officer license of a justice court bailiffKP-201
Person taken into custody under chapter 573, Texas Health and Safety Code, peace officer is not required to transport individual to a medical facility for evaluation prior to taking that person to a mental health facilityGA-0753
Police department in exercise of own discretion may use forfeiture funds distributed to it pursuant to article 59.06 of Code of Criminal Procedure to purchase vehicles for law enforcement purposesJC-0005
Police lieutenant whose mother is member of city council, but who had four years continuous service in his position before her election, may be promoted to police chiefJC-0546
Police officer's and fire fighter's confidential file may be released to city manager and city attorney with consent of chief executive and governing body of municipalityJC-0283
Position classification system, application in municipality that has not adopted civil service systemLO96-027
Private contract jailer is not a peace officerLO97-053
Qualified retired law enforcement officer, the Federal Law Enforcement Officers Safety Act of 2004 permits such officer to carry concealed firearms if the officer has met the state's standards for training and qualification for active law enforcement officersGA-0463
Random drug testing of deputy sheriffs and jailers violates right of privacy absent compelling governmental objective (Affirmed by Tex. Att'y Gen. Op. No. DM-121 (1992))JM-1274
Reserve peace officer employed by a sheriff, a constable, a navigation district, or a municipal police department may not wear his official uniform and display the insignia of an official law enforcement agency while working as a private security officer licensed by the Texas Private Security BoardGA-0435
Reserve peace officers, county attorney is not authorized to appointGA-0709
Reserve police force, a city that has adopted chapter 143 of the Texas Local Government Code may create and maintain aGA-0893
Resignation from civil service position in police department may not be withdrawn after acceptance by commissionDM-0248
Retired officers may carry a handgun under 18 U.S.C. § 926C if the officers have obtained weapons-proficiency certification under state lawGA-0564
Rule disciplining chief administrators of law enforcement agencies, Commission on Law Enforcement Standards and Education may not promulgate where statute imposes no duty on administratorsLO96-070
Rules adopted by fire and police civil service commission, authority of city to approve, reject, or reviewDM-0447
School district police department peace officer, section 37.081(f) of the Education Code, concerning school district peace officers, does not conflict with chapter 614, subchapter B of the Government Code, concerning complaints against certain law enforceGA-0251
School trustee, where geographical boundaries overlap chief of police of Type A municipality is not prohibited from simultaneously serving as GA-0393
Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriffGA-0976
Sexton, powers of limited to cemetery and surrounding areaLO90-063
Sheriff and constable patrols, county may contract with municipal utility district to provide additionalLO98-079
Simultaneous service as elected commissioner of another city in same county, peace officer not prohibited from (Affirmed by Tex. Att'y Gen. LO-95-048)LO93-027
United States citizenship may not be made requirement for applicant for peace officer, reserve, or jailer license by Commission on Law Enforcement Officer Standards and EducationDM-0105
Whether a civilian advisory committee may review information maintained in a police department personnel file under Texas Local Government Code section 143.089(g) will depend on specific factsGA-0818
Written reprimand may not be retained in civil-service director's file that is open to the public unless the misconduct at issue in the written reprimand results in disciplinary actionJC-0257
Written reprimand, as a matter of state law civil-service commission is not subject to chapters G, H, I, or J of chapter 143 of the Local Government Code and has no jurisdiction to consider appeal ofJC-0257
Authority and Duties
Agreements under section 362.002(b) of Local Government Code are not subject to "civil emergency" requirement of section 362.002(a)JC-0532
Arrest, search and seizure jurisdiction to enforce Texas law, amendment to Code of Criminal Procedure gives to law enforcement officers of National Park Service within boundaries of any and all units of National Park System in TexasJC-0177
Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both State of Texas and United States, law of ship's flag state and international law determineJC-0466
Bail, a municipal police officer may set for an individual arrested on a misdemeanor charge and may set for a defendant in a felony case unless the case is pending before a courtGA-0457
Body worn camera--authorization or requirement of municipal law enforcement agency to release audio or video recordings ofKP-186
Body-worn-camera recordings, peace officer's right to accessKP-185
City ordinances, peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforceDM-0318
City police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic violations in the dJC-0530
Civil standby, in which peace officers assist victim of domestic violence in returning to home to collect personal effects, officers immunized from civil or criminal liability in connection withJC-0112
Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purposeGA-0572
Disposition of surplus property purchased with proceeds from the county's commissary accountGA-1094
Emergency-detention warrant for apprehension of mentally ill person, municipal or county peace officer may executeJC-0387
Executing process and attending justice court, constable is obligated to fulfill both of these statutory dutiesJC-0413
Fingerprinting services, authority of local law-enforcement officials to charge for performingDM-0315
Forfeited controlled substance, law enforcement officer may not use in sting operationJM-1166
Harris County Metropolitan Transit Authority peace officers have jurisdiction over entire geographical area within which Authority operatesJM-1238
Improvement district that lacks law enforcement authority may not contract with a city for peace officers to provide general law enforcement services in the district on the district's behalfGA-0150
Information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare, local law enforcement agency must furnish to Department of Family and Protective ServicesGA-0879
Investigation of crime that occurs outside city limits but within county, city marshal is authorized to conductLO98-077
Jurisdiction of officer acting under contract authorized by section 362.002(b) of the Local Government Code is that of governmental entity for which he serves pursuant to agreement, and consequently municipal peace officer acting within county is county pJC-0532
Jurisdiction, sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statuteDM-0077
Law enforcement agency's body-worn-camera policy requirementsKP-185
Magistrate may direct detention warrant issued pursuant to Health and Safety code section 573.012 to any on-duty peace officer listed in Code of Criminal Procedure article 2.12 regardless of location of subject within countyKP-206
Mentally ill individual transported to hospital, chapter 573 of the Health and Safety Code does not place a duty on one law enforcement agency over another to overseeGA-0877
Money seized as contraband, authority of law enforcement agency to maintain custody of money seized as contraband or to deposit seized money in an account pending final judgmentGA-0588
Motorcyclist without helmet, peace officer may stop if motorcyclist is not displaying sticker issued pursuant to section 661.003(d) of Transportation CodeJC-0258
Municipal police department positions subject to Local Government Code chapter 143 are generally filled by competitive examination process; section 143.014 exception allows appointment by police department head if specific criteria is metGA-1029
Off-duty peace officers, authority to carry firearms on racetrack premisesDM-0327
Part-time peace officers employed by junior college district, authority ofLO97-111
Peace officer executing emergency detention warrant pursuant to Health and Safety Code section 573.012 has duty to transport person to appropriate facilityKP-206
Peace officer refusing to transport person to appropriate facility pursuant to Health and Safety Code section 573.012 is liable for contemptKP-206
Person admitted to mental health facility for emergency detention must be transported to facility in accordance with section 574.045 of Health and Safety Code, i.e., by family member or friend, various civil officials, or by sheriff or constableJC-0387
Polygraph examination, peace officer may not request of complainant in sexual assault caseLO96-034
Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdoseKP-168
Seventeen year old reported as missing, law enforcement officer must take possession of and return to person entitled to possession even if child has not committed a crime or does not wish to be detainedJC-0229
Sex offender registration, parole contract between parolee and Division of Pardons and Paroles does not obligate local law enforcement authority to register paroleeJC-0010
Sex offender, local law enforcement authority's duty and discretion to registerJC-0129
Sheriff, authority to assign reserve deputies to separate governmental or private entity as security personnelDM-0333
Tax warrant, division of duties with tax assessor-collector in executing and seizing and selling property underGA-0140
Truancy laws, municipal police officers authorized to enforceLO94-058
Use of commissary funds under Local Government Code section 351.0415GA-1094
Warning citation under section 720.002 Transportation CodeGA-1056
Compensation, Benefits, and Reimbursement of Expenses
Full pay of city police officer injured in line of duty not subject to reduction on grounds that part thereof might be construed as non-taxable workers compensationJC-0144
Health insurance benefits, whether local governmental entity must provide to survivors of peace officerLO97-040
Municipalities with both a paid police department and a paid fire department, chapter 143 of the Local Government Code (civil service law) applies only toLO93-006
Official duties, peace officer may not receive consideration from third parties for performingLO97-069
Payroll deduction under the Fire and Police Employee Relations Act, general-law city with population below 10,000 has implicit authority to provideGA-0625
Required appearance as witness before civil service commission, police officers are not entitled to payment from municipality for GA-0612
Retirement benefit under section 143.073(b) of the Local Government Code for fire fighters and police officers injured or becoming ill in the line of duty is available only if pension fund is exclusively for fire fighters or police officers rather than alJC-0310
Vacation days, eligibility of police officers in city of greater than 30,000 population toDM-0270
Warning citation under section 720.002, Transportation CodeGA-1056
Dual Employment
A court-appointed investigator does not hold a "civil office" under Texas Constitution article 16, section 40 and is not an "officer" as that term is defined for purposes of the common-law incompatibility doctrineGA-1030
City Administrator of City of League City, Assistant Chief of Police on paid leave of absence from position is barred from serving as GA-0536
Commissions from more than one law enforcement agency, whether a licensed peace officer may simultaneously holdGA-0214
Community supervision officer, person employed as unpaid peace officer may not serve asLO96-033
Constable, Sheriff's Deputies, Weight enforcement officerKP-189
Government Code chapter 27 and Occupations Code chapter 1702, neither prohibits a justice of the peace from serving as a court-appointed investigator to represent an indigent defendant in a felony caseGA-1030
Juvenile probation officer, peace officer, including constable, barred from serving asLO96-091
Municipal police officer, service on city council of another cityLO95-048
Off-duty security services, authority of constable to arrange for deputy and reserve deputy constables to provideLO97-069
Private investigator, peace officer directly employed by recipient of security services exempt from licensure asDM-0287
Reserve peace officer may not perform as a guard company unless licensed by Board of Private Investigators and Private Security AgenciesLO93-115
Security officer of school district, whether city police officer or sheriff's deputy may serve as (Affirmed by Tex. Att'y Gen. LO-93-059)DM-0212
Sheriff, service as member of volunteer fire department is permissibleLO93-054
Simultaneously service - an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located.KP-032
Civil office of emolument, security officer of school district, city police officer and sheriff's deputy do not hold as a matter of law (Affirmed by Tex. Att'y Gen. LO-93-059)DM-0212
Courthouse security force, a commissioners court has no authority to commission and establish group of peace officers to serve asJC-0476
Deputy constable classified as "employee" pursuant to civil service statute (Affirmed by Tex. Att'y Gen. LO-97-016)DM-0385
Felony indictment, deputy constable's appointment not is revoked by operation of sections 85.003 and 86.011 of the Local Government Code on the deputy's indictmentGA-0306
Peace officer license, constable who has not obtained a permanent peace officer license is a "peace officer" for purposes of article 2.12(2) of the Code of Criminal ProcedureJC-0522
Private security guard is not peace officer, and therefore has no more power to arrest a person than ordinary citizenLO96-021
Promotional examination for sergeant, Police Officers II and Police Officers III with two years continuous service with City of San Benito eligible to takeJC-0340
Public officers within article XVI, section 1 of Texas Constitution, whether police officers areDM-0381
Reactivation and continuing-education requirements applicable to peace officers, peace officer retired from Department of Parks and Wildlife's law enforcement program is exempt fromJC-0548
Seniority rights, police officer does not waive by accepting voluntary demotionLO98-121