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Authority And Duties

Summaries

KP-0168
Ken Paxton

Section 483.102 of the Health and Safety Code - a prescriber may directly or by standing order prescribe an opioid antagonist to law enforcement agencies in a position to assist persons experiencing an opioid-related drug overdose

KP-0185
Ken Paxton

Body-worn-camera recordings, peace officer's right to access|Law enforcement agency's body-worn-camera policy requirements|Any|Entitling|Body worn camera

KP-0186
Ken Paxton

Body worn camera--authorization or requirement of municipal law enforcement agency to release audio or video recordings of|Exceptions to disclosure by law enforcement agency concerning body-worn-camera recordings|Body worn camera

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-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-0150
Greg Abbott

Montgomery County Town Improvement District lacks authority to contract with city to provide general law enforcement services outside the city's jurisdiction|Improvement district that lacks law enforcement authority may not contract with a city for peace officers to provide general law enforcement services in the district on the district's behalf

GA-0457
Greg Abbott

Pending litigation, the attorney general's long-standing policy is to refrain from issuing an opinion on a question that is implicated in|Municipal police officer may set bail for an individual arrested on a misdemeanor charge; and may set bail for a defendant arrested on a felony charge unless the case is pending before a court|Bail, a municipal police officer may set for an individual arrested on a misdemeanor charge; may set for a defendant arrested on a felony unless the case is pending before a court|Bail, a municipal police officer may set for an individual arrested on a misdemeanor charge and may set for a defendant in a felony case unless the case is pending before a court

GA-0572
Greg Abbott

State expenditure database, as private information a public employee's net salary information may not be included in|County-of-residence information, public employees' not required to be included in state expenditure database|Database of state expenditures may not include information identified by a state agency as excepted from required disclosure or as confidential|Database of state expenditures, Comptroller must establish and publish|State action, assuming that a private entity that is credentialed by the state to provide continuing education for peace officers and with which the state contracts to provide such training is engaging in|Union membership, classification on the basis of is subject to review under the rational-basis standard|Continuing education required by law, asuming that a private entity that is credentialed by and has contracted with the state to provide is engaging in state action; but such an entity's policy of reducing tuition for members of the entity rationally relates to a legitimate state purpose

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-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-0879
Greg Abbott

Local law enforcement must furnish information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare to the Department of Family and Protective Services|Information about alleged child abuse or neglect by a person responsible for the child’s care, custody, or welfare, local law enforcement agency must furnish to Department of Family and Protective Services

GA-1029
Greg Abbott

Municipal police department positions subject to Local Government Code chapter 143 must generally be filled by competitive examination process; section 143.014 provides exception to general rule and allows police department head to appoint if specific criteria is met.|Local Government Code chapter 143 defines \\"department head\\" as \\"the chief or head of a fire or police department or that person\\'s equivalent, regardless of the name or title used.\\"|Number of persons department head may appoint under 143.014(c) Local Government Code may not exceed number of positions, plus one, in classification \\"immediately below that of department head\\" on January 1, 1983, irrespective of the particular title used|Municipal police department positions subject to Local Government Code chapter 143 are generally filled by competitive examination process; section 143.014 exception allows appointment by police department head if specific criteria is met|Department head

GA-1056
Greg Abbott

Warning citation under section 720.002 Transportation Code|Warning citation under section 720.002, Transportation Code|Citation

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-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-0315
Dan Morales

Fingerprinting services, authority of local law-enforcement officials to charge for performing

DM-0318
Dan Morales

Peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce city ordinances|City ordinances, peace officers not authorized by articles 2.12 and 2.13 of the Code of Criminal Procedure to enforce

DM-0327
Dan Morales

Racetrack premises, authority of private security guards and off duty peace officers to carry firearms on|Private security guards and off-duty peace officers, authority to carry firearms on racetrack premises|Off-duty peace officers, authority to carry firearms on racetrack premises

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

JC-0010
John Cornyn

Pardons and Paroles Division, conditions of parole constitute contract between parolee and Pardons and Paroles Division|Sex offender registration, parole contract between parolee and Division of Pardons and Paroles does not obligate local law enforcement authority to register parolee|Conditions of parole constitute contract between parolee and Pardons and Paroles Division\r\n\r\n

JC-0112
John Cornyn

Civil standby, in which peace officers assist victim of domestic violence in returning to home to collect personal effects, officers immunized from civil or criminal liability in connection with|Civil standby

JC-0129
John Cornyn

Sex offender, local law enforcement authority's duty and discretion to register

JC-0177
John Cornyn

Arrest, search and seizure jurisdiction to enforce Texas law, amendment to Code of Criminal Procedure gives to law enforcement officers of National Park Service within boundaries of any and all units of National Park System in Texas

JC-0229
John Cornyn

Seventeen year old reported as missing, law enforcement officer must take possession of and return to person entitled to possession even if child has not committed a crime or does not wish to be detained

JC-0258
John Cornyn

Motorcyclist without helmet, peace officer may stop if motorcyclist is not displaying sticker issued pursuant to section 661.003(d) of Transportation Code

JC-0387
John Cornyn

Emergency-detention warrant for apprehension of mentally ill person, municipal or county peace officer may execute|Person admitted to mental health facility for emergency detention must be transported to facility in accordance with section 574.045 of Health and Safety Code, i.e., by family member or friend, various civil officials, or by sheriff or constable

JC-0413
John Cornyn

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

JC-0466
John Cornyn

Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both State of Texas and United States, law of ship's flag state and international law determine|Criminal jurisdiction of State of Texas and its coastal counties extends three marine leagues from coastline into Gulf of Mexico|Arrests on casino boats, peace officers have authority to make arrests under state law within state's territorial waters; on high seas, beyond jurisdiction of both the State of Texas and the United States, law of ship's flag state and international law|Casino boats, Texas peace officers acting as security guards have authority to make arrests under state law within state's territorial waters; on the high seas, beyond jurisdiction of both the State of Texas and the United States, the law of ship's flag s

JC-0530
John Cornyn

Peace officers, city police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic vio|City police officer acting as a drainage-district peace officer pursuant to an interlocal cooperation contract between city and drainage district is authorized by section 49.216 of the Water Code to make warrantless arrests for traffic violations in the d

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

JM-1238
Jim Mattox

Harris County Metropolitan Transit Authority peace officers have jurisdiction over entire geographical area within which Authority operates|Peace officers of Harris County Metropolitan Authority, jurisdiction includes entire geographical area within which Authority operates

KP-0332
Ken Paxton

A court would likely conclude that a prosecuting attorney’s investigator is not prohibited by Penal Code section 46.03 from carrying a firearm into a government court.

KP-0343
Ken Paxton

Potential civil and criminal consequences exist for a Texas peace officer who fails to intervene when observing another officer using force in a way that may violate a person’s constitutional rights.

KP-0381
Ken Paxton

Authority of a peace officer to force entry into a residence or dwelling to enforce a parole revocation warrant for the arrest of a releasee