CHAPTER 85. SHERIFF - Texas Statutes

LOCAL GOVERNMENT CODE

TITLE 3. ORGANIZATION OF COUNTY GOVERNMENT

SUBTITLE B. COMMISSIONERS COURT AND COUNTY OFFICERS

CHAPTER 85. SHERIFF

SUBCHAPTER A. SHERIFF AND SHERIFF'S PERSONNEL

Sec. 85.001. OATH AND BOND. (a) A person elected as sheriff,

before beginning to perform the duties of office, must execute a

bond with:

(1) two or more good and sufficient sureties; or

(2) a solvent surety company authorized to do business in this

state.

(b) The bond must be:

(1) approved by the commissioners court of the county;

(2) made payable to the governor;

(3) in an amount established by the commissioners court, but not

less than $5,000 or more than $30,000; and

(4) conditioned that the sheriff will:

(A) faithfully perform the duties of office established by law;

(B) account for and pay to the person authorized by law to

receive them the fines, forfeitures, and penalties the sheriff

collects for the use of the state or a county;

(C) execute and return when due the process and precepts

lawfully directed to the sheriff, and pay to the person to whom

they are due or to the person's attorney the funds collected by

virtue of the process or precept; and

(D) pay to the county any funds illegally paid, voluntarily or

otherwise, to the sheriff from county funds.

(c) The sheriff must take and subscribe the official oath,

which, together with the certificate of the officer administering

the oath, must be endorsed on the bond.

(d) A person elected or appointed as sheriff who has executed

the bond and taken the official oath may enter at once on the

duties of office, and that person's acts shall be as valid under

law before the receipt of a commission as after the receipt of a

commission.

(e) The bond is not void on the first recovery, but may be sued

on from time to time in the name of any injured person until the

entire amount of the bond is recovered.

(f) A sheriff or deputy sheriff is not liable on an official

bond, and is not personally liable, for having received or

confined a prisoner delivered or surrendered to the sheriff or

deputy by a state ranger.

(g) Repealed by Acts 1997, 75th Leg., ch. 973, Sec. 1, eff. June

18, 1997.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1997, 75th Leg., ch. 973, Sec. 1, eff. June 18,

1997.

Amended by:

Acts 2005, 79th Leg., Ch.

1094, Sec. 17, eff. September 1, 2005.

Sec. 85.0011. QUALIFICATIONS. A person is not eligible to serve

as sheriff unless the person:

(1) has a high school diploma or a high school equivalency

certificate; and

(2) is eligible to be licensed under Sections 1701.309 and

1701.312, Occupations Code.

Added by Acts 1993, 73rd Leg., ch. 985, Sec. 3. Amended by Acts

2001, 77th Leg., ch. 1420, Sec. 14.819, eff. Sept. 1, 2001.

Sec. 85.002. NEW BOND REQUIREMENT; REMOVAL. (a) If a surety of

the sheriff dies, moves permanently from the state, becomes

insolvent, or is released from liability in accordance with law

or if the commissioners court considers the sheriff's bond

insufficient, the commissioners court shall cite the sheriff to

appear at a time named in the citation, after the 10th day but on

or before the 30th day after the date of issuance of the

citation, and require the sheriff to execute a new bond with good

and sufficient security.

(b) If the sheriff neglects or refuses to appear and execute the

bond on or before the designated time, that person may not

exercise the functions of office and shall be removed from office

by the district judge in the manner prescribed by law for the

removal of county officers.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 85.0025. CONTINUING EDUCATION. (a) The Commission on Law

Enforcement Officer Standards and Education may require each

county sheriff, who is not a commissioned peace officer, to

attend not more than 40 hours of instruction in law enforcement.

The commission shall allow a sheriff at least two but not more

than four years after the date on which the sheriff assumes

office to complete the hours of instruction.

(b) If a sheriff is reelected to office and had previously

completed the number of hours of instruction required by the

commission, the commission may exempt the sheriff from attending

further courses or may require the sheriff to complete again the

required number of hours of instruction.

(c) The county in which the sheriff serves shall pay for or

reimburse the sheriff for the cost of the required hours of

instruction received in this state.

(d) The commission shall:

(1) approve course content, course credit, and standards for

courses; and

(2) adopt rules and procedures concerning the courses.

(e) For the purposes of removal under Subchapter B, Chapter 87,

"incompetency" in the case of a sheriff includes the failure to

complete the hours of instruction in accordance with this

section.

(f) The commission may waive the requirement that a sheriff

complete the instruction required under this section if the

sheriff requests a waiver because of hardship and the commission

determines that a hardship exists.

Added by Acts 1989, 71st Leg., ch. 1032, Sec. 1, eff. Sept. 1,

1989.

Sec. 85.003. DEPUTIES. (a) The appointment of a deputy sheriff

must be in writing.

(b) A person appointed as a deputy, before beginning to perform

the duties of office, must take and subscribe the official oath,

which, together with the certificate of the officer administering

the oath, must be endorsed on the appointment. The appointment

and oath shall be deposited and recorded in the county clerk's

office. A list of the appointments shall be posted in a

conspicuous place in that office.

(c) Except as provided by Subsection (f), a deputy serves at the

pleasure of the sheriff. The sheriff may revoke the appointment

of a deputy on the indictment of the deputy for a felony.

(d) A sheriff is responsible for the official acts of a deputy

and may require that a deputy execute a bond or other security. A

sheriff has the same remedies against a deputy and the deputy's

sureties as any other person has against the sheriff and the

sheriff's sureties.

(e) A deputy may perform the acts and duties of the deputy's

principal.

(f) A deputy who is included in the coverage of a civil service

system created under Chapter 158 may be suspended or removed only

for a violation of a civil service rule adopted under that

system.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1060, Sec. 1, eff. June 15, 2007.

Sec. 85.004. RESERVE DEPUTIES. (a) The commissioners court of

a county may authorize the sheriff to appoint reserve deputy

sheriffs. The commissioners court may limit the number of reserve

deputies that may be appointed.

(b) A reserve deputy serves at the discretion of the sheriff and

may be called into service if the sheriff considers it necessary

to have additional officers to preserve the peace and enforce the

law. The sheriff may authorize a reserve deputy 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 is engaged in the actual

discharge of official duties, or may limit the authority of the

reserve deputy to carry a weapon or act as a peace officer to

only those times during which the reserve deputy is engaged in

the actual discharge of official duties. A reserve deputy 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, regardless

of whether the reserve deputy 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, before beginning to perform the duties of

office and at the time of appointment, must file an oath and

execute and file a bond in the amount of $2,000 payable to the

sheriff. The oath and bond shall be filed with the county clerk.

(d) A reserve deputy on active duty at the call of the sheriff

and actively engaged in assigned duties has the same rights,

privileges, and duties as any other peace officer of the state.

(e) The sheriff of a county that borders the Gulf of Mexico may

organize some of the reserve deputies to serve as marine reserve

deputies and lifeguards for beach and water safety purposes and

other related functions as the sheriff may determine. A reserve

deputy performing functions under this subsection is subject to

the laws of this state that relate to reserve deputies except

that they may not carry firearms in the performance of their

duties.

(f) An organization formed under Subsection (e) may include both

paid and unpaid deputies and reserve deputies. The organization

may accept contributions and gifts from foundations, individuals,

corporations, and governmental entities, including appropriations

by the state on a direct or matching fund basis, to assist the

county in providing water safety programs in the interest of the

health, safety, and welfare of persons using the coastal water of

this state.

(g) The county or sheriff is not liable, because of the

appointment of a reserve deputy, if the reserve deputy incurs

personal injury while serving in an official capacity.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1999, 76th Leg., ch. 90, Sec. 2, eff. Sept. 1,

1999; Acts 2001, 77th Leg., ch. 1420, Sec. 14.820, eff. Sept. 1,

2001.

Sec. 85.005. GUARDS; PENALTY. (a) The sheriff may, with the

approval of the commissioners court or, in the case of an

emergency, with the approval of the county judge, employ a

sufficient number of guards to ensure the safekeeping of

prisoners and the security of a jail.

(b) In case of an emergency, a guard is subject to being called

to duty by the sheriff.

(c) A person charged with the responsibility of enforcing this

section commits an offense if the person violates the section. An

offense under this section is a misdemeanor punishable by a fine

of not less than $50 or more than $200.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Amended by Acts 1989, 71st Leg., ch. 1, Sec. 12(a), eff. Aug. 28,

1989.

Sec. 85.006. COUNTY POLICE FORCE IN COUNTIES OF 210,000 OR MORE.

(a) In a county with a population of 210,000 or more, the

sheriff may appoint a county police force. The commissioners

court shall determine the number, which must be at least six, of

police officers to be appointed. The sheriff shall appoint one of

the officers as chief of the county police. The appointments are

subject to approval by the commissioners court. The sheriff may,

subject to approval by the commissioners court, terminate the

employment of an officer.

(b) The sheriff shall deputize each police officer appointed

under this section. Each officer has the authority of a deputy

sheriff, and all laws of the state applicable to deputy sheriffs

apply to the officer to the same extent that they apply to deputy

sheriffs unless the law conflicts with this section.

(c) A police officer appointed under this section shall patrol,

by automobile or motorcycle furnished by the officer, the

highways of the county located outside the corporate limits of

the county seat. The officer shall devote all time spent on duty

to performing that service and to matters related to that

service. The officer shall perform all duties in accordance with

rules adopted by the commissioners court.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

SUBCHAPTER B. MISCELLANEOUS POWERS AND DUTIES

Sec. 85.021. EXECUTION OF PROCESS; PENALTY. (a) The sheriff

shall execute all process and precepts directed to the sheriff by

legal authority and shall return the process or precept to the

proper court on or before the date the process or precept is

returnable.

(b) The sheriff commits an offense if the sheriff:

(1) fails to return a process or precept as required by

Subsection (a); or

(2) makes a false return.

(c) An offense under this section is punishable by the court to

which the process is returnable, as for contempt, by a fine of

not more than $100. A fine collected under this section shall be

deposited in the county treasury.

(d) The sheriff is liable for all damages sustained by a person

by reason of an offense committed by the sheriff under this

section.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 85.022. EXECUTION OF LEGISLATIVE PROCESS; PENALTY. (a)

The sheriff shall execute subpoenas and other process directed to

the sheriff that are issued by the speaker of the house of

representatives, the president of the senate, or the chairman of

a committee of either house of the legislature.

(b) Failure to execute the subpoena or other process under

Subsection (a) carries the same penalties as failure to execute

process issued by a court.

(c) If the sheriff performs services under this section, the

sheriff shall receive the fees prescribed by law for similar

services rendered in the courts. The fee shall be paid on the

certificate of the authority issuing the process.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.

Sec. 85.023. UNFINISHED BUSINESS. If a sheriff vacates the

office for any reason, all unfinished business shall be

transferred to the succeeding sheriff and completed in the same

manner as if the successor had begun the business.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.