1971 Texas Attorney General Reports and Opinions 3743 (1971)

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January 4, 1971

Honorable Robert R. Farmer
Assistant Criminal District
Brazoria County Courthouse
Angleton, Texas 77515
Dear Mr. Farmer:

Opinion No. M-767
Re: Whether or not members
of Pearland (a city of
less than 10,000) auxi-
liary police are peace
officers, whether or
not city council has
authority to appoint aux-
iliary police, whether or
not such officers are sub-
ject to the requirements
of Article 4413 (29aa).

In your recent letter you ask the following questions:
1. Is an auxiliary officer appointed under
Article 998, Vernon's Civil Statutes *
a peace officer pursuant to Article 4413
2. Does the city council have the power to
appoint auxiliary officers under Article
3. Do said officers have to be certified as
required under the provision of Article
4413 (29aa)?
In three separate opinions, Numbers 0-5621 (1946),
WW-997 (1961), and M-282 (1966), this office uniformly held
that auxiliary police officers of a city of a population of
less than 10,000 are peace officers as that term is used
in these statutes. More directly in line with the questions
you present is the discussion in Attorney General's Opinion
No. M-282, supra, dealing with the authority of an auxiliary
police officer to carry a pistol. The precise question there
was as follows:
*All references to Articles are to Vernon's Civil Statutes.


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