Cumulative Subject Index
AG Opinions 1990-Present

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SHERIFFS AND CONSTABLES
Appointee to office of sheriff entitled to hold office until his successor has duly qualifiedGA-0263
Arrest warrant, sheriff of county that issues has duty to transport defendant located in different countyLO92-067
Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to acceptDM-0313
Assistant fire chief, deputy constable may also serve asDM-0156
Authority, a sheriff may perform only those functions that are expressly delegated to the office by statute or are necessarily implied from express powersGA-0424
Bailiff for district court, sheriff may serve simultaneously asLO92-073
Break in office, elimination of precinct through redistricting and election of incumbent constable to new precinct created does not result inDM-0075
Civil process, commissioners court may not establish office of or execute, independent from county sheriffDM-0273
Civil service system, inclusion of deputy sheriffs and deputy constables in expandedDM-0338
Civil service, classification of deputy constable as "employee" pursuant to civil service statute (Affirmed by Tex. Att'y Gen. LO-97-016)DM-0385
Civil-service commission of sheriff's department may adopt rule permitting award of back pay in certain circumstancesJC-0529
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
Commissioners court not required to fill vacancy in office of constableJC-0140
Commitment proceedings, sheriff or constable may not collect fee from patient for transportation to and fromJM-1234
Common-law incompatibility does not bar constable from serving as municipal fire fighterJC-0270
Constable may not purchase for personal ownership a police-equipped car under local purchasing program established for local governments by General Services CommissionLO97-109
Constable who was convicted of a felony but whose conviction was finalized only after he was reelected to a new term is automatically removed from office under subsection 87.031(a) of the Local Government CodeGA-0933
Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas ConstitutionGA-0643
Constable's duty to hold over in office following automatic resignation pursuant to resign-to-run provisions of the constitutionGA-0550
Constable's duty to serve following redistricting that abolishes the constable's precinctGA-0550
Constable, existing law does not allow constable to offer payment arrangements to, or accept partial payment from, defendants with outstanding warrants issued by a justice court.GA-0940
Constable’s decision to temporarily delay executing a warrant could, depending on the facts involved, violate the constable’s duty under Local Government Code section 86.021GA-0940
Constable’s ownership of wrecker service is not prohibited by chapter 171 of the Local Government Code GA-0510
County commissioner may not be simultaneously employed by the county’s sheriff department under Local Government Code section 81.002(a) GA-0645
County commissioners not prohibited from serving as reserve deputy sheriffs by Texas Constitution or common-law doctrine of incompatibilityLO97-081
County funds, sheriff's use as flash money in drug sting operationLO95-013
County jail, authority of sheriff to accept fee from private organization that contracts with sheriff's county to operateGA-0760
County law enforcement official injured in course of official duties entitled to medical expenses and salary under constitution, jailers, detention officers, and correctional officers employed by sheriff qualify asLO93-062
County that is the on-site sewage facility permitting authority, sheriffs and their deputies are subject to the Commission on Environmental Quality's prohibition from working as an on-site sewage facility installer within the permitting authority's jurisdictionGA-0390
County's authority to contractually provide law enforcement services to a nongovernmental associationGA-0553
County-owned motor vehicle, an elected official may not inscribe his or her name onLO97-112
Courtroom bailiff and constable, one individual may be compensated for simultaneously serving in both positionsLO97-060
Crime-victim liaison, sheriff may employ criminal district attorney's spouse unless the officials are tradingLO98-098
Deputy sheriff may serve as elected constableGA-0402
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
Discharge of at-will sheriff's personnel for political views or activities opposed to sheriff, impermissible unless activities disrupt officeLO96-139
Disciplinary procedures applicable to sheriff's department employees covered by county civil service system, chapter 158, subchapter A of Local Government CodeJC-0334
Drug forfeiture funds held by sheriff, 10 per cent available to county for drug abuse treatment and prevention programs is 10 per cent of amount credited to fund, including amount on deposit at time of commissioners court's requestLO90-028
Dual-employment as a deputy sheriff and a county jailer, whether it constitutes "full-time employment as a peace officer" to make a jailer exempt from the provisions of the Private Security Act under section 1702.322 of the Texas Occupations Code is a factual determinationGA-0465
Fee charged for request of criminal history record on applicant for handgun ownership, sheriff or constable must collect in accordance with county commissioners court's directiveLO94-084
Fee for delivering a notice to vacate premises, whether a constable may retain in addition to his or her salary under article XVI, section 61 of the Texas ConstitutionGA-0364
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
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
Fingerprinting services, authority of local law-enforcement officials to charge for performingDM-0315
Forfeited automobiles, district attorney's authority to contract for sale by sheriff's auctionLO97-091
General election, person elected sheriff at, not entitled to assume office until January 1 of following yearGA-0263
Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate county purposeGA-0059
Jail commissary, proceeds from are to be used for benefit of inmatesDM-0067
Juvenile probation officer, peace officer, including constable, barred from serving asLO96-091
Law enforcement personnel of sheriff's office are "security personnel" within Open Meetings ActLO93-105
Legal process addressing compulsory attendance provisions of the Education Code, constable may lawfully serveJC-0056
Licensed peace officer, constable who has been continuously reelected to office since before 1985 is not required to becomeDM-0075
Licenses of constitutional law enforcement officers, authority of Commission on Law Enforcement Officer Standards and Education to revokeDM-0323
Licensing requirements, whether constable is required to meetJM-1149
Licensure as peace officer, constable who failed to obtain in accordance with statute may run for reelection or be appointed to same officeDM-0322
Marriage of sheriff to deputy's sister, nepotism statute does not require sheriff to terminate deputy if deputy has been continuously employed for over one year before sheriff's election to present termLO93-114
Medical services for county jail inmates, sheriff does not have authority to contract with physician to provide but may scheduleDM-0111
Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention centerGA-0419
Nepotism, sheriff does not avoid prohibition by delegating hiring decisions to deputyLO90-070
Nepotism, the continued employment of the sheriff's spouse in the sheriff's office does not violate the nepotism laws in chapter 573 of the Government Code when the individual has held that position continuously for five years before the sheriff was reeleGA-0121
Permanent peace officer's license, consequences of constable's failure to provide evidence on or before 270-days of taking officeJC-0514
Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilitGA-0166
Promotions, sheriff may not give to his son and daughter even though both had sufficient prior continuous service in office to retain jobs after he became sheriffJM-1188
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
Records of funds held by sheriff, including records of commissary and forfeiture funds, which are not county funds, are subject to examination by county treasurer in counties without an auditorGA-0704
Redistricting constable precincts, appointment of successor constable followingGA-0550
Reduction by commissioners court of number of precincts from which justices of the peace are to be elected also reduces number of constables to be electedLO92-021
Reserve deputy sheriff, district clerk may serve as without violating dual office holding provision of Texas Constitution or common-law doctrine of incompatibilityLO98-035
Reserve peace officer employed by a sheriff or constable 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
Residence, deputy constable not required to maintain in precinct for which he was appointedJC-0148
Revenue from the sale of prepaid phone cards in the county jail commissary should be credited to the sheriff for the use of county jail inmates rather than to the general fund of the countyGA-0814
School trustee in his county, sheriff may not simultaneously serve asGA-0328
Security service, sheriff may not contract to provide to apartment complexGA-0101
Service as member of volunteer fire department, applicability of dual office holding toLO93-054
Surplus federal property given as consideration for housing federal prisoners, title to would vest in the county rather than the sheriff, the jail, or the sheriff's departmentGA-0229
Time for constable to obtain licensure required by section 86.0021 of the Local Government Code begins running when constable is sworn in for elective termJC-0467
Work program, a sheriff may operate a work program for county jail inmates only as authorized under article 43.09 or 43.10 of the Code of Criminal Procedure or under section 351.201 of the Local Government CodeGA-0424
Authority and Duties
Abandoned property, sheriff is the "holder" of cash bail bonds for cases that were never filed and unclaimed liquidated certificates of deposit securing execution of bail bonds deposited with sheriff for purposes of chapter 74 of Property CodeJC-0195
Abandoned vehicles seized by a county sheriff, statute governing disposition of GA-0542
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 warrant, authority of constable to collect on bad checks when servingLO96-031
Arrest, authority of sheriff's bailiff to makeLO94-038
Bad checks, authority of constables to collect on when serving arrest warrantLO96-031
Bail bond board, sheriff may not accept bond from person who is not licensed by that county'sDM-0059
Bail bond requisites, authority of a sheriff in a county without a bail bond board to require a surety to personally sign a bond and to prohibit an attorney-in-fact from signing a bond on the surety's behalfGA-0288
Bail bonds, authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateralDM-0483
Bail bondsman licensing in county that does not have a bail bond board, sheriff is not authorized to imposeLO98-105
Bond default in another county, sheriff in county with bail bond board may not refuse bond of bondsman licensed in the county on the basis ofJC-0019
Building seized by sheriff, whether sheriff may take title toLO96-012
Cash bail bonds for cases that were never filed and unclaimed liquidated certificates of deposit securing execution of bail bonds, whether they become abandoned propertyJC-0195
Cash bail bonds for cases that were never filed, maintenance and managementJC-0195
Commissary fund, sheriff may make expenditures from proceeds of, only to fulfill purposes described in section 351.0415, Local Government Code, but initial determination is with sheriffGA-0901
Commissary proceeds, sheriff need not competitively procure purchases fromJC-0122
Commissary, sheriff must accept new bids on contract to operate every five yearsLO98-071
Commissioners court not authorized to hear appeal of sheriff's suspension of deputyLO93-107
Commitment order, responsibility of sheriff for prisoner hospitalized as a result of arrest by another law enforcement agency begins with issuance of commitment order by magistrateJC-0312
Conflict of interest, sheriff’s duties with respect to acceptance of bonds and to bail bond forfeiture when the sheriff’s stepson and the stepson’s spouse are agents of a bail bond companyGA-0784
Constable is authorized to perform law enforcement services on property that extends into another precinct of the countyGA-0189
Constable is not required to serve civil process issued by federal court but may perform such services in his private capacityDM-0164
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
Contract to provide housing and facilities to out-of-state inmates, sheriff lacks authority to enter bindingLO90-095
County jail inmate does not have the right to choose a medical provider, but an inmate's refusal to use the provider designated by the sheriff does not necessarily constitute a refusal of medical careGA-0042
County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisonersGA-0229
Employment policy, adopted by the county commissioners court, that prohibits the rehire of an individual whose employment relationship with the county terminated within one year of the proposed rehiring does not apply to an appointment by the constableGA-0656
Executing process and attending justice court, constable is obligated to fulfill both of these statutory dutiesJC-0413
Fee of $20, sheriff may not impose for release of inmate at the time a bail bond is filedJM-1172
Firearm, authority of sheriff's bailiff to carry in court and elsewhereLO94-038
Forcible entry and detainer suits, whether private process servers may serve citationsGA-0112
Forfeited vehicle acquired prior to October 18, 1989 pursuant to Controlled Substances Act for which political subdivision has no use to be sold at sheriff's auctionJM-1184
Funds allocated to a constable from the state law enforcement officer standards and education fund account must be maintained pursuant to chapter 116 of the Local Government Code.GA-0869
General contracting authority, commissioners court, rather than sheriff, possessesLO98-072
General law enforcement services to another county, sheriff may not provide in absence of commissioners court approvalJC-0263
Groundwater conservation district, constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of GA-0540
Helicopters, sheriff may expend proceeds derived from chapter 59, Code of Criminal Procedure, to purchase and maintainLO96-096
Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas withinJC-0125
Independent authority of sheriff, commissioners court may not interfere with by limiting number of jail prisoners sheriff may "farm out" or directing sheriff not to execute arrest warrantsLO98-072
Inmates' money, sheriff may decide where to place for safekeeping subject to regulation by county auditorDM-0282
Interlocal agreement, counties may not by agreement authorize one county to extend its law enforcement jurisdiction into the other county. Counties may agree for the deputy sheriffs of one county to perform law enforcement services in another county, butGA-0189
Investigations, constable's jurisdiction to investigate a criminal offense in the county outside of the constable's precinctGA-0349
Jail commissary, sheriff has administrative authority over as keeper of jailLO90-042
Jail food service, commissioners court's authority to interfere with sheriff's food selectionLO96-017
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
Justice court sessions, constable required by statute to attend allLO98-101
Justice Court Technology Fund may not be used for constable education and trainingGA-0560
Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determineJC-0125
List of preapproved bondsmen, sheriff in a county that does not have bail bond board is not authorized to post in the county jailJC-0541
Manufactured homes, county constable is not authorized by section 545.3051 of Transportation Code to remove from the right-of-way of a county roadGA-0430
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
Monthly report of civil and criminal instruments served, county auditor may not require constables to fileJM-1186
New employee position, once commissioners court has authorized sheriff has sole control with regard toGA-0081
Notice to vacate premises is not process or precept, constable is not authorized to serveLO97-026
Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to removeGA-0139
Off-duty officer, authority to provide security, authority of constable to arrange off-duty servicesLO97-069
Off-duty use of patrol vehicles, authority to permitGA-0480
Officers and equipment allotted to his office, sheriff has discretion to deployJC-0214
Operating rules of Commission on Jail Standards, duty of sheriff as "keeper of jail" to abide byLO98-072
Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting forDM-0067
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
Policy manual, authority of county commissioners court to require sheriff to produce sheriff's office policy manual for approvalGA-0994
Private detention facility, sheriff's only duty regarding is to conduct monitoringDM-0086
Property seized by sheriff, whether sheriff may use proceeds to purchase buildingLO96-012
Purchase of computer from Justice Court Technology Fund, whether purchase for constable serves as technological enhancement for justice court is fact question to be determined by commissioners courtGA-0560
Rabies control authority, commissioners court may designate constable to act as, but is not required to do soGA-0466
Reserve deputies, authority of sheriff to assign to separate governmental or private entity as security personnelDM-0333
Reserve officers, authority of constable to call into service for purpose of providing off-duty security servicesLO97-069
Select personnel of the sheriff's choosing, civil service commission rules limiting the sheriff's authority to do not impermissibly intrude upon the sheriff's sphere of authorityGA-0254
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
Sheriff may not accept bail on offense committed in the county while accused is jailed in another state GA-0512
Sheriff, a sheriff has the authority to deduct costs incurred for damage to jail property for the commissary account of a prisoner that is found liable for the damage in an institutional due process hearing. However, the sheriff must first comply with thGA-0329
Sheriff’s control over jail commissary fundGA-0791
Sheriff’s office must transport a person subject to court-ordered mental health services under chapter 574 of the Health and Safety Code within a reasonable amount of time and without delayGA-0877
Tax warrant, division of duties with tax assessor-collector in executing and seizing and selling property underGA-0140
Tax-foreclosure-sale property, taxing unit may not delegate its authority to direct resale of specific property at public sale by authorizing its private tax-collection attorneys to direct sheriff or constable as to when properties are soldJC-0377
Telephone services to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provideLO97-030
Training, sheriff may determine what is appropriate for his deputies, and where, and under what circumstances, it is providedJC-0263
Transporting child to juvenile court proceedings, sheriff of county who takes child into custody not responsible for absent juvenile board order approved by commissioners courtLO94-065
Two constables serving in same precinct after one constable's precinct is abolished have same authority and dutiesJC-0462
Compensation, Benefits, and Reimbursement of Expenses
Compensating suspended deputy or employee, as a county officer, a sheriff serving as tax assessor-collector has discretion to his suspend deputies and employees as well as the discretion to continueGA-0322
Constable, authority of commissioners court to set reasonable salary forJC-0389
Deputy sheriff, a constable may be compensated for work performed asGA-0470
Food for prisoners in county jail, sheriff may not purchase out of his personal funds and be recompensed by receipt of per diem funds from countyLO98-023
Health insurance, county is not required to provide it to part-time constableJC-0414
Hospitalization or incapacity when injured in course of official duties, county may not reduce constitutional salary payment due to employee's tax statusLO93-062
Longevity pay, court may set rate for sheriff prospectively JC-0026
Longevity pay, retroactive payment of higher rate to sheriff violates article III, section 53 of Texas ConstitutionJC-0026
Official duties, constable may not receive consideration from third parties for performingLO97-069
Overtime compensation, a sheriff or constable may not receiveGA-0470
Personal vehicles, court may set amount to be paid deputy sheriffs for use of on official businessLO90-034
Reimbursement by state to sheriff's department in excess of cost for transporting prisoners from county jail to Texas Department of Criminal Justice facility is compensation to be deposited in county treasuryLO97-107
Salary of deputy sheriff who escorts prisoner from jail to county law library, law library fund may not be used to payLO98-104
Salary of sheriff may not be higher than that stated in published notice; salary adopted after county published invalid notice may not be increased beyond previous fiscal year's amount until subsequent budget cycleGA-0162
Salary, a sheriff or constable may not receive an unbudgeted increase in the middle of a budget yearGA-0470
Storage and disposal fees for controlled substances paid as condition of community supervision are not analogous to "hot check" fund, and are to be deposited in county depository and budgeted according to ordinary county budgeting processJC-0269
Revised: June 08, 2012