Untitled Texas Attorney General Opinion ( 1978 )

The Attorney General of Texas
January 10, 1978
JOHN L. HILL
Attorney General
Honorable Joe Resweber Opinion No. H- 1112
Harris County Attorney
Houston, Texas 77002 Re: Employment of county traffic
officers.
Dear Mr. Resweber:
You have requested our opinion concerning the following questions.
1. Can the Commissioners Court employ County
Traffic Officers with the power to issue citations
and perform other law enforcement duties?
2. Can the Commissioners Court employ County
Safety Officers with the power to issue citations
and perform other law enforcement duties?
3. Can the Commissioners Court require the County
Traffic Officers to perform their duties under the
control and supervision of a County Commis-
sioner?
4. Can County Traffic Officers be paid out of the
County Road and Bridge Fund?
Article 6699, V.T.C.S., authorizes the employment by “[tl he Commis-
sioners Court . . . acting in conjunction with the Sheriff” of deputy sheriffs to
be known as traffic officers. The statute provides that these deputies shall
have the same right and duty to arrest violators of all laws as other deputy
sheriffs. Thus the commissioners court can employ such officers only in
conjunction with the sheriff. Anderson v. Wood, 152 S.W.2d 1084 (Tex. 1941);
Attorney General Opinions O-3231 (1941); O-3028 (1941). We have found no
statutory authority for the employment of county safety officers and we thus
answer your second question in the negative. Attorney General Opinions M-
1004 (1971); V-1050 (1950). The duties of county traffic officers are directed
in detail by the sheriff, not by the commissioners court. Attorney General
Opinion O-2444 (1940). Such officers are to be paid from the “general county
fund.” V.T.C.S. art. 6699a; Attorney General Opinion O-1282 (1939).
P. 4553
Honorable Joe Resweber - Page 2 (H-1112)
SUMMARY
The commissioners court may employ county traffic officers
only in conjunction with the sheriff, who is then empowered
to direct their duties. Such officers are to be paid from the
general fund. The commissioners court does not have
authority to employ county safety officers.
Attorney General of Texas
APPROVED:
DAVID M. KENDALL, First Assistant
Opinion Committee
jst
p. 4554