| SHERIFFS AND CONSTABLES |
| Appointee to office of sheriff entitled to hold office until his successor has duly qualified | GA-0263 |
| Arrest warrant, sheriff of county that issues has duty to transport defendant located in different county | LO92-067 |
| Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to accept | DM-0313 |
| Assistant fire chief, deputy constable may also serve as | DM-0156 |
| Authority, a sheriff may perform only those functions that are expressly delegated to the office by statute or are necessarily implied from express powers | GA-0424 |
| Bailiff for district court, sheriff may serve simultaneously as | LO92-073 |
| Break in office, elimination of precinct through redistricting and election of incumbent constable to new precinct created does not result in | DM-0075 |
| Civil process, commissioners court may not establish office of or execute, independent from county sheriff | DM-0273 |
| Civil service system, inclusion of deputy sheriffs and deputy constables in expanded | DM-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 circumstances | JC-0529 |
| Collective bargaining, deputy sheriffs are entitled to organize and collectively bargain under Local Government Code chapter 174, The Fire and Police Employee Relations Act | GA-0238 |
| Commissioners court not required to fill vacancy in office of constable | JC-0140 |
| Commitment proceedings, sheriff or constable may not collect fee from patient for transportation to and from | JM-1234 |
| Common-law incompatibility does not bar constable from serving as municipal fire fighter | JC-0270 |
| Constable may not purchase for personal ownership a police-equipped car under local purchasing program established for local governments by General Services Commission | LO97-109 |
| 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 Code | GA-0933 |
| Constable's conduct, whether conduct implicates resign-to-run provisions of article XVI, section 65 of the Texas Constitution | GA-0643 |
| Constable's duty to hold over in office following automatic resignation pursuant to resign-to-run provisions of the constitution | GA-0550 |
| Constable's duty to serve following redistricting that abolishes the constable's precinct | GA-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 |
| Constables - an independent school district police chief may simultaneously serve as a constable in the precinct in which the school district is located. | KP-0032 |
| Constables and deputy constables as weight enforcement officers | KP-0245 |
| 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 86.021 | GA-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 incompatibility | LO97-081 |
| County funds, sheriff's use as flash money in drug sting operation | LO95-013 |
| County jail, authority of sheriff to accept fee from private organization that contracts with sheriff's county to operate | GA-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 as | LO93-062 |
| 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 jurisdiction | GA-0390 |
| County's authority to contractually provide law enforcement services to a nongovernmental association | GA-0553 |
| County-owned motor vehicle, an elected official may not inscribe his or her name on | LO97-112 |
| Courtroom bailiff and constable, one individual may be compensated for simultaneously serving in both positions | LO97-060 |
| Crime-victim liaison, sheriff may employ criminal district attorney's spouse unless the officials are trading | LO98-098 |
| Deputy sheriff may serve as elected constable | GA-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 office | LO96-139 |
| Disciplinary procedures applicable to sheriff's department employees covered by county civil service system, chapter 158, subchapter A of Local Government Code | JC-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 request | LO90-028 |
| 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 determination | GA-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 directive | LO94-084 |
| 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 Constitution | GA-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 indictment | GA-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 the | GA-0859 |
| Fingerprinting services, authority of local law-enforcement officials to charge for performing | DM-0315 |
| Forfeited automobiles, district attorney's authority to contract for sale by sheriff's auction | LO97-091 |
| General election, person elected sheriff at, not entitled to assume office until January 1 of following year | GA-0263 |
| Inmate telephone fund, proceeds generated from, should be paid into the county treasury and may be used for any legitimate county purpose | GA-0059 |
| Jail commissary, proceeds from are to be used for benefit of inmates | DM-0067 |
| Juvenile probation officer, peace officer, including constable, barred from serving as | LO96-091 |
| Law enforcement personnel of sheriff's office are "security personnel" within Open Meetings Act | LO93-105 |
| Legal process addressing compulsory attendance provisions of the Education Code, constable may lawfully serve | JC-0056 |
| Licensed peace officer, constable who has been continuously reelected to office since before 1985 is not required to become | DM-0075 |
| Licenses of constitutional law enforcement officers, authority of Commission on Law Enforcement Officer Standards and Education to revoke | DM-0323 |
| Licensing requirements, whether constable is required to meet | JM-1149 |
| Licensure as peace officer, constable who failed to obtain in accordance with statute may run for reelection or be appointed to same office | DM-0322 |
| Local law enforcement officers must be certified by Texas Department of Transportation to enforce weight restrictions | KP-0245 |
| 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 term | LO93-114 |
| Medical services for county jail inmates, sheriff does not have authority to contract with physician to provide but may schedule | DM-0111 |
| Municipal police chief and constable, neither Constable and municipal police chief; neither Texas Constitution article XVI, section 40 nor the common-law doctrine of incompatibility bars the simultaneous holding of the positions of municipal police chief and constable in the same precinct where the city is located | KP-0122 |
| Nepotism statute does not prohibit employment of sheriff's son by a private organization that contracts with county for operation of county detention center | GA-0419 |
| Nepotism, sheriff does not avoid prohibition by delegating hiring decisions to deputy | LO90-070 |
| 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 reele | GA-0121 |
| Permanent peace officer's license, consequences of constable's failure to provide evidence on or before 270-days of taking office | JC-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 facilit | GA-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 sheriff | JM-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 auditor | GA-0704 |
| Redistricting constable precincts, appointment of successor constable following | GA-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 elected | LO92-021 |
| Reserve deputy sheriff, district clerk may serve as without violating dual office holding provision of Texas Constitution or common-law doctrine of incompatibility | LO98-035 |
| 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 Board | GA-0435 |
| Residence, deputy constable not required to maintain in precinct for which he was appointed | JC-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 county | GA-0814 |
| School trustee in his county, sheriff may not simultaneously serve as | GA-0328 |
| Security service, sheriff may not contract to provide to apartment complex | GA-0101 |
| Service as member of volunteer fire department, applicability of dual office holding to | LO93-054 |
| 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 department | GA-0229 |
| Texas Department of Transportation may revoke local law enforcement officer's authority to act as weight enforcement officer | KP-0245 |
| 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 term | JC-0467 |
| Vehicle use policy, authority of commissioners court and county auditor to impose on county sheriff | KP-0111 |
| 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 Code | GA-0424 |
| Authority and Duties |
| 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. | KP-0049 |
| 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 | JC-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 serving | LO96-031 |
| Arrest, authority of sheriff's bailiff to make | LO94-038 |
| Bad checks, authority of constables to collect on when serving arrest warrant | LO96-031 |
| Bail bond board, sheriff may not accept bond from person who is not licensed by that county's | DM-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 behalf | GA-0288 |
| Bail bonds, authority to determine sufficiency of security executed by attorney for client and to require individual surety to post collateral | DM-0483 |
| Bail bondsman licensing in county that does not have a bail bond board, sheriff is not authorized to impose | LO98-105 |
| 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 of | JC-0019 |
| Building seized by sheriff, whether sheriff may take title to | LO96-012 |
| Cash bail bonds for cases that were never filed and unclaimed liquidated certificates of deposit securing execution of bail bonds, whether they become abandoned property | JC-0195 |
| Cash bail bonds for cases that were never filed, maintenance and management | JC-0195 |
| 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-0013 |
| 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-0901 |
| Commissary proceeds, sheriff need not competitively procure purchases from | JC-0122 |
| Commissary, sheriff must accept new bids on contract to operate every five years | LO98-071 |
| Commissioners court not authorized to hear appeal of sheriff's suspension of deputy | LO93-107 |
| 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 magistrate | JC-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 company | GA-0784 |
| Constable is authorized to perform law enforcement services on property that extends into another precinct of the county | GA-0189 |
| Constable is not required to serve civil process issued by federal court but may perform such services in his private capacity | DM-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 Code | GA-0938 |
| Contract to provide housing and facilities to out-of-state inmates, sheriff lacks authority to enter binding | LO90-095 |
| 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 care | GA-0042 |
| County jail, sheriff is not authorized to contract with the United States Marshals Service to house federal prisoners | GA-0229 |
| Disposition of surplus property purchased with proceeds from the county's commissary account | GA-1094 |
| Dual commission, constable and sheriff | KP-0189 |
| 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-0656 |
| Executing process and attending justice court, constable is obligated to fulfill both of these statutory duties | JC-0413 |
| 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-0067 |
| 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-0067 |
| Fee of $20, sheriff may not impose for release of inmate at the time a bail bond is filed | JM-1172 |
| Firearm, authority of sheriff's bailiff to carry in court and elsewhere | LO94-038 |
| Forcible entry and detainer suits, whether private process servers may serve citations | GA-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 auction | JM-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, possesses | LO98-072 |
| General law enforcement services to another county, sheriff may not provide in absence of commissioners court approval | JC-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 maintain | LO96-096 |
| Incorporated city, sheriff has authority to provide law enforcement services throughout county, including areas within | JC-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 warrants | LO98-072 |
| Inmates' money, sheriff may decide where to place for safekeeping subject to regulation by county auditor | DM-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, but | GA-0189 |
| Investigations, constable's jurisdiction to investigate a criminal offense in the county outside of the constable's precinct | GA-0349 |
| Jail commissary, sheriff has administrative authority over as keeper of jail | LO90-042 |
| Jail food service, commissioners court's authority to interfere with sheriff's food selection | LO96-017 |
| Jurisdiction, sheriff has no general authority to conduct criminal investigations outside county and authority to make warrantless arrests outside county is circumscribed by statute | DM-0077 |
| Justice court sessions, constable required by statute to attend all | LO98-101 |
| Justice Court Technology Fund may not be used for constable education and training | GA-0560 |
| Level of law enforcement services to be provided within different areas of the county, sheriff has reasonable discretion to determine | JC-0125 |
| List of preapproved bondsmen, sheriff in a county that does not have bail bond board is not authorized to post in the county jail | JC-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 road | GA-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 judgment | GA-0588 |
| Monthly report of civil and criminal instruments served, county auditor may not require constables to file | JM-1186 |
| New employee position, once commissioners court has authorized sheriff has sole control with regard to | GA-0081 |
| Notice to vacate premises is not process or precept, constable is not authorized to serve | LO97-026 |
| Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to remove | GA-0139 |
| Off-duty officer, authority to provide security, authority of constable to arrange off-duty services | LO97-069 |
| Off-duty use of patrol vehicles, authority to permit | GA-0480 |
| Officers and equipment allotted to his office, sheriff has discretion to deploy | JC-0214 |
| Operating rules of Commission on Jail Standards, duty of sheriff as "keeper of jail" to abide by | LO98-072 |
| Operation of jail commissary, commissioners court may not interfere with sheriff's exercise of discretion in contracting for | DM-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 Procedure | JC-0522 |
| Policy manual, authority of county commissioners court to require sheriff to produce sheriff's office policy manual for approval | GA-0994 |
| Private detention facility, sheriff's only duty regarding is to conduct monitoring | DM-0086 |
| Property seized by sheriff, whether sheriff may use proceeds to purchase building | LO96-012 |
| 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 court | GA-0560 |
| Rabies control authority, commissioners court may designate constable to act as, but is not required to do so | GA-0466 |
| Reserve deputies, authority of sheriff to assign to separate governmental or private entity as security personnel | DM-0333 |
| Reserve officers, authority of constable to call into service for purpose of providing off-duty security services | LO97-069 |
| 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 authority | GA-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 sheriff | GA-0976 |
| 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 | KP-0079 |
| 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-0132 |
| 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-0159 |
| 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 th | GA-0329 |
| Sheriff’s control over jail commissary fund | GA-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 delay | GA-0877 |
| Tax warrant, division of duties with tax assessor-collector in executing and seizing and selling property under | GA-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 sold | JC-0377 |
| Telephone services to county jail inmates, the commissioners court, not the sheriff, is empowered to enter into contract with private vendor to provide | LO97-030 |
| 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 | KP-0206 |
| 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-0003 |
| Training, sheriff may determine what is appropriate for his deputies, and where, and under what circumstances, it is provided | JC-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 court | LO94-065 |
| Two constables serving in same precinct after one constable's precinct is abolished have same authority and duties | JC-0462 |
| Use of commissary funds under Local Government Code section 351.0415 | GA-1094 |
| Weight Enforcement officer | KP-0189 |
| 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 continue | GA-0322 |
| Constable, authority of commissioners court to set reasonable salary for | JC-0389 |
| Deputy sheriff, a constable may be compensated for work performed as | GA-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 county | LO98-023 |
| Health insurance, county is not required to provide it to part-time constable | JC-0414 |
| Hospitalization or incapacity when injured in course of official duties, county may not reduce constitutional salary payment due to employee's tax status | LO93-062 |
| 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 Constitution | JC-0026 |
| Official duties, constable may not receive consideration from third parties for performing | LO97-069 |
| Overtime compensation, a sheriff or constable may not receive | GA-0470 |
| Personal vehicles, court may set amount to be paid deputy sheriffs for use of on official business | LO90-034 |
| Public notice of a proposed budget increase to a sheriff's salary prior to setting the sheriff's salary, subsection 152.013(b) of the Local Government Code requires a commissioners court to provide, and failure to do so invalidates any increase | KP-0012 |
| 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 treasury | LO97-107 |
| Required notice of the sheriff's proposed salary increase, if the Coke County Commissioners Court finally approved its budget prior to providing, the sheriff's salary for 2014-2015 must remain at the prior year's amount | KP-0012 |
| Salary of deputy sheriff who escorts prisoner from jail to county law library, law library fund may not be used to pay | LO98-104 |
| 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 cycle | GA-0162 |
| Salary, a sheriff or constable may not receive an unbudgeted increase in the middle of a budget year | GA-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 process | JC-0269 |
