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Authority And Duties

Summaries

KP-0003
Ken Paxton

Commissioners court is the proper body to receive and accept donations on the county's behalf pursuant to Local Government Code section 81.032|To the extent that members of the public send donations to the sheriff, the sheriff should immediately forward those donations to the commissioners court for proper handling pursuant to Local Government Code section 81.032

KP-0013
Ken Paxton

Commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriff|Sheriff - commencement of term of office of person elected to succeed a person who was appointed to fill a vacancy in the office of sheriff

KP-0049
Ken Paxton

A court would likely conclude that a governmental entity improperly prohibiting handguns by oral or by a written notice that does not conform to Penal Code section 30.06 violates Government Code section 411.209.|Pursuant to Opinion KP-0047, it is only the courtrooms and those offices determined to be essential to their operations from which Hays County may prohibit concealed handguns without risk of incurring a civil penalty under Government Code section 411.209.|A concealed handgun license holder who refuses, after notice by the governmental entity, to exit premises from which Penal Code sections 46.03 or 46.035 prohibit handguns, commits an offense punishable as a misdemeanor.|A licensee who refuses to relinquish any concealed handgun or refuses to exit the building after being given notice by a governmental entity does not commit an offense if the building is not one from which Penal Code sections 46.03 and 46.035 prohibit concealed handguns.

KP-0067
Ken Paxton

Extradition requisition - Pursuant to Code of Criminal Procedure articles 51.09 and 51.13, a person commissioned by the Governor in an extradition requisition to receive and return an out-of-state arrestee back to the county in which the offense was allegedly committed has the duty to carry out that responsibility. The actual and necessary expenses of a person so commissioned may be paid pursuant to Code of Criminal Procedure article 51.10 or article 51.13, section 24.

KP-0079
Ken Paxton

Sheriff - All funds held by the sheriff in his official capacity are subject to oversight and audit by the county auditor whether or not they are county funds; although, the county sheriff has limited authority to maintain certain funds outside of the county treasury|Sheriff's funds properly held outside the county treasury - A court would have a basis to conclude that there is no authority to require an auditor's countersignature on sheriff's funds properly held outside the county treasury in a county with a population of less than 190,000, unless a statute provides otherwise

KP-0132
Ken Paxton

Reserve deputy sheriff may act as a surety on a bail bond in county governed by chapter 17, Code of Criminal Procedure, provided the surety and bond otherwise satisfy statutory requirements|Sheriff has authority to accept bail bond listing reserve deputy sheriff as a surety in county governed by Code of Criminal Procedure chapter 17 provided the surety and bond otherwise satisfy statutory requirements

KP-0159
Ken Paxton

Sheriff has exclusive authority over commissary funds under Local Government Code section 351.0415; thus, the propriety of an expenditure from those funds is a question for the sheriff to determine in the first instance subject to judicial review for abuse of discretion.

KP-0189
Ken Paxton

Weight enforcement officer, Constable, Sheriff's Deputies|Constable, Sheriff's Deputies, Weight enforcement officer|Weight Enforcement officer|Dual commission, constable and sheriff

KP-0206
Ken Paxton

Contempt action in connection with Health and Safety Code section 573.012 could likely be brought by court with jurisdiction over mental health proceedings|Designation of peace officer or law enforcement agency to execute emergency detention warrant pursuant to Health and Safety Code section 573.012|Peace officer executing emergency detention warrant pursuant to Health and Safety Code section 573.012 has duty to transport person to appropriate facility|Peace officer refusing to transport person to appropriate facility pursuant to Health and Safety Code section 573.012 is liable for contempt|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 county|The term "peace officer" does not distinguish between county and municipal peace officers for purposes of executing emergency detention warrants pursuant to Health and Safety Code section 573.012

GA-0042
Greg Abbott

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 care|Medical care, 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 care|Medical care, 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 care

GA-0081
Greg Abbott

Transfer of funds from one budget line to another, county amending budget by means of does not have to follow emergency expenditure provisions|New employee position, once commissioners court has authorized sheriff has sole control with regard to

GA-0112
Greg Abbott

Forcible entry and detainer suits, whether private process servers may serve citations

GA-0139
Greg Abbott

Subdivision road, county's authority to accept dedication of and county's authority to remove obstruction of road not accepted for county maintenance|Road dedicated to public use but not accepted for county maintenance, owners of abutting property whose deed specifically references plat have enforceable easement in|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to remove|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to remove

GA-0140
Greg Abbott

Tax warrant, division of duties with tax assessor-collector in executing and seizing and selling property under|Tax warrant, division of duties between peace officer and tax assessor-collector in executing and seizing and selling property under|Tax warrant, division of duties with peace officer in executing and seizing and selling property under

GA-0189
Greg Abbott

Law enforcement 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|Constable is authorized to perform law enforcement services on property that extends into another precinct of the county|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, but|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 the|A constable may perform law enforcement services on property that extends into another precinct of the county

GA-0229
Greg Abbott

Federal prisoners, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners in the county jail|County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners|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 department|Surplus federal property paid to county as consideration for housing federal prisoners would be included in county inventory and disposed of like any other county property|United States Marshals Service, sheriff is not authorized to contract with to house federal prisoners in the county jail

GA-0254
Greg Abbott

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 authority

GA-0288
Greg Abbott

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 behalf|Bail bond enforcement, in the bail bond forfeiture context a court may hold an individual surety liable on bond even though the surety did not personally sign it|Agents or attorneys-in-fact, 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 behalf|Enforcement of a bond, in the bail bond forfeiture context a court may hold an individual surety liable on bond even though the surety did not personally sign it

GA-0329
Greg Abbott

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 th|Sheriff, authority of, 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

GA-0349
Greg Abbott

Investigations, constable's jurisdiction to investigate a criminal offense in the county outside of the constable's precinct|Investigations, constable's jurisdiction to investigate a criminal offense in the county outisde of the constable's precinct

GA-0430
Greg Abbott

County road right-of-way, county commissioners court may order the removal of the manufactured homes from|Manufactured homes, county constable is not authorized by section 545.3051 of Transportation Code to remove from the right-of-way of a county road|Manufactured homes, county constable is not authorized by section 545.3051 of Transportation Code to remove from the right-of-way of a county road\r\n

GA-0466
Greg Abbott

Rabies control authority in unincorporated areas of county, commissioners court must designate officer to act as|Rabies control authority, commissioners court may designate constable to act as, but is not required to do so

GA-0480
Greg Abbott

Use of county vehicles|Off-duty use of patrol vehicles, authority to permit

GA-0512
Greg Abbott

Mandatory HIV testing for incoming offenders, Board of Criminal Justice is authorized to require|Sheriff may not accept bail on offense committed in the county while accused is jailed in another state\r\n

GA-0540
Greg Abbott

Constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of groundwater conservation district\r\n|Groundwater conservation district, constable barred by article XVI, section 40(a) of Texas Constitution from simultaneously serving as member of board of directors of\r\n

GA-0542
Greg Abbott

Abandoned motor vehicles seized by a county sheriff, statute governing disposition of \r\n|Abandoned vehicles seized by a county sheriff, statute governing disposition of \r\n|Private imaging business, hospital district's authority to house and manage

GA-0560
Greg Abbott

Justice Court Technology Fund may not be used for constable education and training|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 court

GA-0588
Greg Abbott

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 judgment

GA-0656
Greg Abbott

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 constable

GA-0784
Greg Abbott

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 company|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 company

GA-0791
Greg Abbott

Common-law rule providing that interest follows principal applies to funds generated by operation of the jail commissary|Commissary, funds generated by operation of do not belong to the county for purposes of Local Government Code section 113.021|Commissary fund, interest accrued on is not severed from the fund pursuant to Local Government Code section 113.021|Sheriff’s control over jail commissary fund

GA-0869
Greg Abbott

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.|Pursuant to Local Government Code section 112.006, a county auditor has general oversight of the books and records of a county officer authorized or required by law to receive or collect money that is intended for the use of the county or that belongs to the county, including oversight of funds allocated to a constable from the state law enforcement officer standards and education fund account.

GA-0877
Greg Abbott

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 oversee|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 delay

GA-0901
Greg Abbott

Sheriff may make expenditures from proceeds of commissary fund only to fulfill purposes described in section 351.0415, Local Government Code, but initial determination is with sheriff|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 sheriff

GA-0938
Greg Abbott

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 Code

GA-0976
Greg Abbott

Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriff|Failure to comply with sex offender registration requirements is a matter squarely within a prosecutor’s discretion

GA-0994
Greg Abbott

Policy manual, authority of county commissioners courts to require sheriff to produce sheriff\\'s office policy manual for approval|Policy manual, authority of county commissioners court to require sheriff to produce sheriff\\'s office policy manual for approval

GA-1094
Greg Abbott

Disposition of surplus property purchased with proceeds from the county\\'s commissary account|Use of commissary funds under Local Government Code section 351.0415|Commissary accounts are subject to annual examination by the county auditor|Commissary accounts are subject to oversight by county commissioners court|Commissary accounts are subject to oversight by the county commissioners court through annual examinations of the accounts by the county auditor

DM-0059
Dan Morales

Bail bond board, sheriff may not accept bond from person who is not licensed by that county's|Bail bond board, to act as bail bondsman in that county a person must be licensed by county's|Sheriff may not accept bond from bondsman who is not licensed by that county's bail bond board|Licensed by county's bail bond board, to act as bail bondsman in that county person must be

DM-0067
Dan Morales

Jail commissary accounts, county auditor is authorized to review even when maintained by private operator|Jail commissary accounts, county auditor is authorized to review|Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for|Benefit of inmates, funds received by sheriff that are attributable to operation of jail commissary are to be used for|Jail commissary, proceeds from are to be used for benefit of inmates

DM-0077
Dan Morales

Jurisdiction, sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statute|Sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statute

DM-0086
Dan Morales

Private detention facility, sheriff's only duty regarding is to conduct monitoring|Commission on Jail Standards has continuing duty to monitor private detention facility|Sheriff's only duty regarding private detention facility is to conduct monitoring

DM-0164
Dan Morales

Constable is not required to serve civil process issued by federal court but may perform such services in his private capacity

DM-0282
Dan Morales

Cash paid in lieu of bail bond, clerk of district court may deposit in account separate from general account of county if so ordered by court or other authority|Interest on cash paid in lieu of bail bond is property of bailee|Inmates' money, sheriff may decide where to place for safekeeping subject to regulation by county auditor|Sheriff may decide where to place inmates' money for safekeeping subject to regulation by county auditor

DM-0333
Dan Morales

Sheriff, authority to assign reserve deputies to separate governmental or private entity as security personnel|Reserve deputies, authority of sheriff to assign to separate governmental or private entity as security personnel

DM-0483
Dan Morales

Sheriff's authority to determine sufficiency of security of bond executed by attorney for client|Sheriff's authority to require individual surety to post collateral|Bail bond executed by attorney for client, sheriff's authority to determine sufficiency of security|Bail bonds, sheriff's authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral|Bail bonds, authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral

JC-0019
John Cornyn

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 of|Default on bond in another county, sheriff in county with bail bond board may not refuse bond of bondsman licensed in the county on the basis of

JC-0122
John Cornyn

Jail commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, purchases to be paid from need not be competitively procured|Commissary proceeds, sheriff need not competitively procure purchases from|Control

JC-0125
John Cornyn

Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas within|Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determine|Law enforcement services in different areas of county, absent invidious discrimination based on suspect class, equal protection requires only that county government have rational basis for providing different levels of|County sheriff's provision of law enforcement services in incorporated municipality in county is not a gift or grant of

JC-0195
John Cornyn

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 Code|Cash bail bonds for cases that were never filed and unclaimed liquidated certificates of deposit securing execution of bail bonds, whether they become abandoned property|Cash bail bonds for cases that were never filed, maintenance and management|Abandoned property, whether cash bail bonds and unclaimed liquidated certificates of deposit securing execution of bail bonds on cases that were never filed become|Interest earnings on cash bail bonds and unclaimed liquidated certificates of deposit securing execution of bail bonds deposited with sheriff on cases that were never filed, disposition of|Sheriff's authority to maintain and manage cash bail bonds deposited on cases that were never filed|Sheriff's authority to maintain and manage cash bail bonds for cases that were never filed

JC-0214
John Cornyn

Officers and equipment allotted to his office, sheriff has discretion to deploy|Vehicles and equipment for sheriff's office, commissioners court rather than sheriff has discretion to set specifications for|Sheriff's office, court may in the exercise of its discretion allot less money for particular function that sheriff desires so long as it does not prevent sheriff from carrying out duties|Vehicle policy requiring county officer to relinquish control of vehicles in use when taking possession of replacement vehicles is reasonable implementation of county's budgetary authority|Sheriff's office, commissioners court may not micro-manage deployment of resources and personnel of

JC-0263
John Cornyn

General law enforcement services to another county, sheriff may not provide in absence of commissioners court approval|Training, sheriff may determine what is appropriate for his deputies, and where, and under what circumstances, it is provided

JC-0312
John Cornyn

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 magistrate|Commitment order, responsibility of sheriff for prisoner hospitalized as a result of an arrest by another law enforcement agency begins with issuance of commitment order by magistrate

JC-0377
John Cornyn

Tax-foreclosure-sale property, taxing unit may not by "blanket" resolution authorize such property be resold as directed by its private tax-collection attorneys|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 sold

JC-0413
John Cornyn

Executing process and attending justice court, constable is obligated to fulfill both of these statutory duties

JC-0462
John Cornyn

Two constables serving in same precinct after one constable's precinct is abolished have same authority and duties|Constable precinct, when abolished by redistricting, article V, section 18(c) of Texas Constitution provides constable will serve out term in precinct where he or she resides|Redistricting, when constable's precinct is abolished by redistricting, article V, section 18(c) of Texas Constitution provides that constable will serve out term in precinct where he or she resides

JC-0522
John Cornyn

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 Procedure

JC-0532
John Cornyn

Agreements under section 362.002(b) of Local Government Code are not subject to "civil emergency" requirement of section 362.002(a)|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 p

JC-0541
John Cornyn

Bail, sheriff in a county that does not have bail bond board is not authorized to post list of preapproved bondsmen in the county jail|List of preapproved bondsmen, sheriff in a county that does not have bail bond board is not authorized to post in the county jail