Texas Local Government Code - Section 86.012. Reserve Deputy Constables
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Texas Lawyer > Local Government Code > Texas Local Government Code - Section 86.012. Reserve Deputy Constables
§ 86.012. RESERVE DEPUTY CONSTABLES. (a) The
commissioners court of a county may authorize a constable of the
county to appoint reserve deputy constables. The commissioners
court may limit the number of reserve deputy constables that a
constable may appoint.
(b) A reserve deputy constable serves at the discretion of
the constable and may be called into service at any time that the
constable considers it necessary to have additional officers to
preserve the peace and enforce the law. The constable may authorize
a reserve deputy constable who is a peace officer as described by
Article 2.12, Code of Criminal Procedure, to carry a weapon or act
as a peace officer at all times, regardless of whether the reserve
deputy constable is engaged in the actual discharge of official
duties, or may limit the authority of the reserve deputy constable
to carry a weapon or act as a peace officer to only those times
during which the reserve deputy constable is engaged in the actual
discharge of official duties. A reserve deputy constable who is not
a peace officer as described by Article 2.12, Code of Criminal
Procedure, may act as a peace officer only during the actual
discharge of official duties. A reserve deputy constable,
regardless of whether the reserve deputy constable is a peace
officer as described by Article 2.12, Code of Criminal Procedure,
is not:
(1) eligible for participation in any program provided
by the county that is normally considered a financial benefit of
full-time employment or for any pension fund created by statute for
the benefit of full-time paid peace officers; or
(2) exempt from Chapter 1702, Occupations Code.
(c) A reserve deputy constable must take the official oath
and must execute a bond in the amount of $2,000, payable to the
constable. The oath and bond must be filed with the county clerk of
the county in which the appointment is made. The oath and bond must
be given before the reserve deputy constable's entry on duty and
simultaneously with the officer's appointment.
(d) While actively engaged in an assigned duty at the call
of the constable, a reserve deputy constable is vested with the same
rights, privileges, and duties of any other peace officer in this
state.
(e) The county and the constable do not incur any liability
by reason of the appointment of a reserve deputy constable if the
reserve deputy constable incurs a personal injury while serving in
that capacity.
Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. Amended
by Acts 1999, 76th Leg., ch. 90, § 3, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, § 14.822, eff. Sept. 1, 2001.
Section: 85.022 85.023 86.001 86.002 86.0021 86.003 86.011 86.012 86.021 86.022 86.023 86.024 86.025 87.001 87.011
Last modified: August 11, 2007
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