Texas Attorney General Opinion: M-246 Page: 1 of 6
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. T i A'FORNEY GENERAL
oF TEXAS
ASIrrTIN, TaxA 78711
41(A WtFVRUID C. 5AtTIN
June 24, 1968
Honorable W.C. Lindsey Opinion No. M-246
Criminal District Attorney
Jefferson County Courthouse Re: Whether police "reserve"
beaumont, Texas 77701 officers may be legally con-
stituted otherwise than under
Art. 1269m, V.C.S. and related
Dear Mr. Lindsey: questions?
The City of Port Arthur Police Department is under the
State Civil Service Act, Article 1269m, V.C.S. To supple-
ment and assist the regular police force the City has by ordi-
nance do. 2859 attempted to provide for a police "reserve"
force. Members of the police "reserve" force are appointed
by the Chief of Police, and are unpaid volunteers. You are
concerned with your duties of law enforcement over police
reservists bearing arms and making arrests, etc. and have
asked the following questions concerning this situation:
(1) In view of the City having adopted Article 1269m
V.C.S., may police "reserve" officers be legally con-
stituted on a basis other than under the terms and re-
quirements of that law?
(2) If police "reserve" officers may not be otherwise
constituted than under Article 1269m, may they be con-
stituted thereunder by a special classification having
only part-time duties of a supplementary or auxiliary
nature but having full police power and authority?
(3) Does Article 1583-2, Texas Penal Code, requiring
minimum monthly pay for police officers, apply to
"reserve" officers as presently constituted or if
constituted under the Civil Service Law, and is the
minimum pay to be provided without respect to number
of hours worked in a month?
(4) Do the exceptions under Article 484, Texas Penal
Code, include "reserve" officers as presently con--1194-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-246, text, June 24, 1968; (https://texashistory.unt.edu/ark:/67531/metapth269465/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.