UT5iCL1r;SI01~a OF COh1HINED DTSPf?Tr~I IItdL=~ WT'S; I 9 1 -l. i=iND TI-a +:Il'Y OI=- i{ERP2VIi__i_(= On thi=; tF;e f:th day of September T99~i, i_ipon motion mach by Coinm:i:.ion~-•~= Hnlel{ampp (:t?L)OP1ijEd by Commissioner Oehler, thc- Court unanimously approved by a vote of 4-0-0, to a~ffi.rm and accept the reccrmrner-~datior~ of tt;e Shertiff to c;o Common Di. =.E7atr..h for eci.ir;~: Oar-uii.y t7eca~.isra of her ir.;risdiction. Date: September 6, 1994 To: Honorable Commissioner's Court l From: Sheriff Frances A. Kaiser ~~ RE: Common Dispatch Since Sheriffs in all counties in the State of Texas are issued county and district warrants and indictments to maintain, serve and process, it is apparent the Sheriff is responsible and liable for the complete process of these warrants. Although no one has been able to find any specific, written mandate that it is the County Sheriff's responsibility and liability to have and confirm the hard copy warrants, all the Sheriffs in the State of Texas that I have talked with maintain to me that they are responsible. The Alamo Area Council of Governments 9-1-1 Regional Plan includes 12 counties, Kerr County is the only county that 9-1-1 is not dispatched out of the Sheriff's Department. It is apparent the Brazos County Sheriff's Department is maintaining the warrants for some reason, of which they are checking for me. The Brazos County Common Dispatch DOES NOT maintain the warrants. At present, the Brazos County Sheriff's Department employs nine (9) dispatchers and one (1) dispatch supervisor. This equals three (3) dispatchers per shift, 24 hours a day. The responsibilities of their dispatchers are as follows: 1. Confirmation of warrants - they have custody of the warrants. 2. Sending teletypes and performing checks for their investigators. 3. Dispatching for three (3) work release crews. 4. Assisting in booking (evenings). 5. Controlling their jail Sallyport entrance. 6. Handling incoming telephone calls to the Sheriff's Department. From the information I received, their 9-1-1 Common Dispatch handles for the Sheriff's Office: 1. Emergency 9-1-1 type calls. 2. Dispatching or sending out deputies on the calls. The five (5) dispatchers that Kerr County now has employed handle all of the above except #3,4 & 5 and dispatch for ICM, TABC, Constables and any other agencies that may call in. They also man 3 emergency telephone lines weekdays and 10 telephone lines weeknights and weekends plus 9-1-1, Crime Stoppers and Volunteer Fire phones at all times. -1- why have a common dispatch that handles only Emergency calls aqd dispatches officers on calls which will cost the county extra? Also, why pay Administrative dispatchers to handle other dispatcher duties as Brazos County does when our dispatchers are doing all of that now for approximately $21,337 each annually which includes benefits? The new jail facility will have to have someone manning the phone/reception area 24 hours a day, which our dispatchers are now doing and can continue to do. -2- CHAPTER 85. SHERIFF SUBCHAPTER A. SHERIFF AND SHERIFF'S PERSONNEL Section 85.001. Oath and Bond. 85.002. New Bond Requirement; Removal. 85.003. Deputies. 85.004. Reserve Deputies. 85.005. Guards; Penalty. 85.006. County Police Force in Counties of 210,000 or More. [Sections 85.007 to 85.020 reserved for expansion] SUBCHAPTER B. MISCELLANEOUS POWERS AND DUTIES 85.021. Execution of Process: Penalty. 85.022. Execution of Legislative Process; Penalty. 85.023. Unfinished Business. WESTLAW Electronlc Research See WESTLAW Electronic Research Guide Following the Preface. SUBCHAPTER A. SHERIFF AND SHERIFF'S PERSONNEL § 85.001. Oath and Bond (a) A person elected as sheriff, before beginning to perform the duties of office, must execute a bond with two or more good and sufficient sureties. (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 fot 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, voluntari]y or otherwise, to the sheriff from county funds. 416 :TY OFFICERS Title 3 Atty.Gen.1951 No. ',4lore he sheriff may 1 determine the tppointed. The ;ty police. The rs court. The . terminate the led under this I all laws of the tme extent that h this section. by automobile county located ;hall devote all related to that t rules adopted he figure as Bence to the of the Code ~puiation" to nisi census. [rase "police under "rules [the revised :ruction Act SHERIFF Ch. 85 Historical Note Prior Law: Acts 1929, 41st Leg., ch. 150, p. 326. Vernon's Ann-Civ.St, arts. 6869d, §§ t to 3. § 85.021 Iaw Review Commentaries Annual survey of Texas law: Challenges to and Michael H. Collins, 35 Southwestern (Tex.) local government action. Charles L. Babcock L.J. 447 (1981). Library References Sheriffs and Constables X18, 79. CJ.S. Sheriffs and Constables §§ 22, 37. Construction and application 1 Notes of Decisions ling that part of county outside of the corpo- rate limits of the county seat, by reducing the number of sheriffs deputies patrolling within incorporated areas of county, where there was no evidence that sheriff did not maintain a force of at least six deputies who devoted their entire time to patrolling that pan of the county outside limits of the county seat. Weber v. City of Sachse (Civ.App.1979) 591 S.W.2d 563, error dismissed. 1. Conattuctton and appBcatlon County commissioners' court did not fail to comply with Vernon's Ann.Civ.St. art. 6864d (repealed; now, this section) which imposed a duty on the commissioners to fund a county police force of not less than six patrolmen who should have devoted their entire time to patrol- Revlsor's Note (End of Subchapter) (1) V.A.C.S. Article 6865, relating to the election of sheriffs, is omitted From revision because it is substantively identical to parts of Article V, Section 23, and Article XVI, Section 65, of the Texas Constitution. It is the general policy of the legislative council's statutory revision program to omit from revised codes provisions such as these because a statute that is substantively the same as language of the constitution is not only superfluous but may foster the erroneous belief that a constitutional requirement is merely statutory and subject to amendment through the ordinary legislative process. (2) The revised law omits a part of V.A.C.S. Article 6869 and omits Section 4 of V.A.C.S. Article 6869d, which relate to Fees collected by sheriffs, because they are impliedly repealed by V.A.C.S. Article 3912e, which is revised by Chapter 154. [Sections 85.007 to 85.020 reserved for expansion] SUBCHAPTER B. MISCELLANEOUS POWERS AND DUTIES +rtitle 6869d of of county .r 152, gives n of county Hatted after § 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 431 _,....,--T . - . .. . § 85.021 (2) makes a false return. COMMISSIOIITERS & COUAiTY OFFICER Title (c) An offense under this section is punishable by the court to which tt process is returnable, as for contempt, by a fine of not more than $100. fine collected under this section shall be deposited in the county treasur (d) The sheriff is liable for all damages sustained by a person by reason < an offense committed by the sheriff under this section. Acts 1987, 70th Leg., ch. 149, § 1, eff. Sept. 1, 1987. EDstorical Note Prior law: Rev.Civ.St.1895, art. 4901. Acts 1846, 1st Leg., p. 265, § 8. Rev.Civ.St.1911, art. 7130. P.D. SI15. Vernon's Ann.Civ.St. art. 6873. Rev.Civ.St.1879, art. 4525. Cross References Executions, Failure to lery or sell property subject see, V.T.C.A. Civil Practice & Remedies Code, § 34.06 Improper return of writ, see V.T.C.A. Civil Practice & Remedies Code, § 34.064. Improper sale, penalty, see V,T.C.A. Civil Practice & Remedies Code, § 34.066. Official misconduct, failure to perform duty, see V.T.C.A. Pena! Code, § 39.01. Law Review Cotntnentaries Practicing law with 1981 Texas rotes. Jack Pope and Steve McConnico, 32 Baylor L.Rev. 485 (1980). Library References Sheriffs and Constables 4:+87, 97, 10t, Is3. C.J.S. Sheriffs and Constables §§ 44, 52 et seq., 56 to 62, 209, 220. Arrest werranta, Ilablllty on bond 1l Attachment, liability on band S Commissloneca court Ilablllty 14 Custody of property 2 Damages 17 Defenses 16 Dudes of sheriff 1 Habeas corpus 18 Indemnity bond 3 Injury to sequestered property, Ilablllty on bond 10 Levy and failure to levy, llablllty on bond 7 Laabillty on bond 4-12 In general 4 Notes of Decisions Mandamus 19 Petldon 15 Protection from Ilablllty 13 Release of property, llablllty on bond 9 Return on execution, Ilablllty on bond 6 Taking of property, Ilablllty on bond 8 Wrongful eviction, Ilablllty on bond 12 Wrongful levy or other taking of propert; llablllty on bond 8 1. Duties of sheriff Arrest warrants ll Where testimony of both sheriff and count Attachment 5 clerk established that clerk and not sheriff a~ Injury to sequestered property !0 tually posted notice of hearing of applicatic Levy and failure to levy 7 to admit will to probate on service had i Release of property 9 probate court, improper service was equivalei Return on execution 6 to no service, notwithstanding attempted ra Wrongful eviction 12 ification of clerk's acts by sheriff, and fact th; Wrongful levy or other taking of property a custom existed for such practice and hens 8 judgment rendered by probate court admittit 432 JAiTY OFFICERS Title 3 :ourt to which the :ore than $100. A county treasury, arson by reason of x901. 130. art. 6873. :medies Code, § 34.065. e. 4 34.064. § 34.066. 39.01. Ity 13 lability on bond 9 Ilablllt_v on bond 6 abtllty on bond 8 blllty on bond t2 ter taking of property, both sheriff and county clerk and not sheriff ac- ,f hearing of application bate on service had in er service was equivalent hstanding attempted raa s by sheriff, and fact that such practice and hence probate court admitting SHERIFF Ch. 85 will to probate was void. Wagner v. Urban (Civ.App.1943) I70 S.W.2d 270. Where county clerk who posted notice of hearing of application for admission of will to probate was not a deputy under sheriff, and could not have bren such because law prohibit- ed him from holding two such positions, sher- iff could not delegate his official duty of post- ing the citation to the county clerk, notwith- standing that a custom to that effect may have existed. Id. Sheriff is required to execute all processes directed to him by legal authority, whether land is owned and possessed by judgment deba or or another, and even though lery might involve litigation. Henry S. Miller Co. v. Ev ans (Sup.1970) 432 S.W.2d 426. Sheriff has duty to execute process and is not entitled to determine doubtful questions of fact as [o whether land is owned and possessed by judgment debtor. Id. A sheriff has the statutory duty to execute process directed to him by legal authority. Any failure to perform such duty could subject the sheriff to a fine and/or possible damages. Op.Atty.Gen.1975, No. H-595. The sheriff does not have the exclusive au• thorny to execute process. Id. 2. Custody of property Sheriff was entitled to retain money claimed by different parries, and have question of title thereto determined by the court, and could not be subjected to statutory penalty for failing to pay over [he same. W. T. Rickards & Co. v. J. H. Bemis & Co. (Civ.App.1904) 78 S.W. 239. 3. Indemnity bond Makers of sheriffs indemnity bond were en- titled to contest right of plaintiffs to recover statutory penalty from sheriff for failure to pay over proceeds of execution sale. W. T. Rick- ards & Co. v. J. H. Bemis & Co. (Civ.App.I904) 78 S.W. 239. Sheriffs have a right to demand an indemni- ty bond in proper cases before levying on per• sonalty. Where sheriff was directed to seiu string of tools in possession of a party not named in writ of execution, where string of tools were not so described as to distinguish them from numerous other similar strings in same county, sheriff had a right to demand an indemnity bond before lerying. Head v, Car- lin (Civ.App.1922) 240 S.W. 1051. Generally an officer is bound to obey the legal orders of a court and is not entitled to be indemnified for so doing. Where writ of pos- session, in action to recover stolen Ford car, commanded sheriff to take possession of it as 4 § 85.021 Note 4 against defendant and all persons claiming same under or through him, and sheriff, after obtaining indemnity bond, took car from S., who claimed ownership of it otherwise than through defendant (as against the contention, in an action by S. against a sheriff for conver- sion, that since the writ did not authorize the sheriff to take the car from S., he had no legal right to require indemnity against the conse- quences of his own illegal act), held, the sheriff was not required to determine ownership of the car at his peril, but was within his rights in requiring of one petitioning for writ to assume such responsibility by requiring him to execute an indemnity bond. Craven v. Buchanan (Civ. App.1923) 24g S.W. 89. Plaintiff in execution cannot be required to indemnify officer in a levy on real property, since officer will not thereby be subjected to suit for damages. Fant Mill. Co. v. May (Civ. App.1951) 240 S.W.2d 445, ref. n.r.e. Officer has right of indemnity before levying on personal property upon reasonable ground of apprehension that levy would result in claim against him for wrongful seizure. Id. Levying officer may require indemnity bond before levying execution when, as mater of his discretion, he has reasonable doubt as to own- ership of property, enforcibility of judgment, or other matters affecting propriety of execu- tion. Rankin v. Belvin (Civ.App.1974) 507 S.W.2d 908, ref. n.r.e. Constable's reliance on county attorney s opinions as to officer's right to demand indem- nity before levying execution did not remove requirement that he have reasonable doubt as to propriety of execution. Id. Claimed defects in writ, which did not ren- der it void, existence of prior liens on property sought, and third person's possession of prop- erty, did not justify constable's exercise of dis- cretion to require bond before levying execu- tion: constable and his surety were liable for amount of judgment. Id. The sheriff is not justified in refusing to levy execution under the judgment in favor of the Texas Unemployment Compensation Commis- sion on chattels of a judgment debtor because he has not been furnished an indemnity bond by the state. Op.Atty.Gen.1939 No. 0.862. 4. Liability on bond-In general When the plaintiff in execution or his actor ney withholds from the officer knowledge in his possession which would enable him to make a levy, that fact would exonerate him from liability. Batte v. Chandler (1880) 53 T. 613. The failure of an officer lerying execution to make an inventory of the property levied upon 33 Art. 2.15 CODE OF CRIMINAL PROCEDURE fine shall be enforced in the same manner as fines for contempt in civil cases. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art 2.17. Conservator of the Peace Each sheriff shall be a conservator of the peace in his county, and shall arrest al] offenders against the laws of the State, in his view or hearing, and take them before the proper court for examination or trial. He shall quell and suppress all assaults and batteries, affrays, insurrections and unlawful as- semblies. He shall apprehend and commit to jail all offenders, until an examination or trial can be had. Acts 1965, 59th Leg., p. 317, ch. 722, ¢ 1, eff. San. 1, 1968. Art 2.18. Custody of Prisoners When a prisoner is committed to jail by wartant from a magistrate or wort, he shall be placed in jail by the sheriff. It is a violation of duty on the part of any sheriff to permit a defendant so committed to remain aut of jail, except that he may, when a defendant is committed for want of bail, or when he arrests in a bailable case, give the person arrested a reasonable time to procure bail; but he shall so guazd the accused as to prevent escape. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art. 2.19. Report se to Prisoners On the first day of each month, the sheriff shall give notice, in writing, to the district or county attorney, where there be one, as to all prisoners in his custody, naming them, and of the authority under which he detains them. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art. 2.20. Deputy (b) Any firearm or contraband received by a clerk as an exhibit in any criminal proceeding may be placed by the clerk in the hands of the sheriff for safekeeping at any time during the pendency of such proceeding or thereafter. (c) The sheriff shall receive and hold such exhib• its and release thorn only to the person or persona authorized by the wort in which such exhibits have been received. Acts 1985, 59th Leg., p. 317, ch. 722, ¢ 1, eff. Jan. 1, 1966. Amended by Acts 1979, 66th Leg., p. 212, ch. 119, § 1, eff. Aug. 27, 1979. Art. 2.22. Power of Deputy Clerks Whenever a duty is imposed upon the clerk of the district or county wort, the same may be lawfully performed by his deputy. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art 2.23. Report to Attorney General The clerks of the district and county courts shall, when required by the Attorney General, report to him at such times, and in accordance with such forme as he may direct, such information in relation to criminal matters as may be shown by their records. When any district clerk has failed, neglected or refused to make any such report after being re- quested in writing by the Attorney General to make such report, the Attorney General shall notify in writing the Comptroller of Public Accounts of such failure, neglect or refusal, and said Comptroller shall not thereafter draw any warrant in favor of said clerk until said report has been filed with the Attorney General. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Wherever a duty is imposed by this Code upon the sheriff, the same duty may lawfully be performed by his deputy. When there is no sheriff in a county, the duties of that office, as to all proceedings under the criminal law, devolve upon the officer who, under the law, is empowered to dischazge the duties of sheriff, in case of vacancy in the office. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art. 2.21. Duty of Clerks (a) Each clerk of the district or county court shall receive and file all papers and exhibits in respect to criminal proceedings, issue all process in such cases, and perform all other duties imposed upon them by law. Art. 2.24. Authenticating Officer (a) The governor may appoint an authenticating officer, in accordance with Subsection (b) of this article, and delegate to that officer the power to sign for the governor or to use the governor's facsimile signature for signing any document that dcea not have legal effect under this wde unless it is signed by the governor. (b) To appoint an authenticating officer under this article, the governor shall file with the secre• tary of state a document that contains: (1) the name of the person to be appointed as authenticating officer and a copy of the person's signature; 12 ,~~„~ ,:,.w:,__, N.bkl _ Art. 15.01 CODE OF CRIMINAL PROCEDURE Article 15.23. 15me of Arrest 15.24. Nhat Force May be Uaed. 15.25. May Break Door. 15.26. Authority to Arrest Must be Made Known. 15.27. Repealed. Att 15.01. Warrant of Arrest A "warrant of arrest" is a written order from a magistrate, directed to a peace officer or some other person specially named, commanding him to take the body of the person accused of an offense, to be dealt with according to law. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jaa. 1, 1966. 3 I ' ;t~ ~: - , _ ~ . xa ~.. ~'~ ... o, tyi= .-'k. . Art 15.02. Requisites of Warrant It issues in the name of "The State of Texas", and shalt be sufficient, without regard to form, if it have these substantial requisites: 1. It must specify the name of the person whose arrest is ordered, if it be known, if unknown, then some reasonably definite description must be given of him. 2. It must state that the person is accused of some offense against the laws of the State, naming the offense. 3. It must be signed by the magistrate, and his office be named in the body of the warrant, or in connection with his signature. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art 15.03. Magistrate May Issue Warrant or Summons (a) A magistrate may issue a warrant of arrest or a summons: 1. In any case in which he is by law authorized to order verbally the arrest of an offender; 2. When any person shall make oath before the magistrate that another has committed some of- fense against the laws of the State; and 3. In any case named in this Code where he is specially authorized to issue warrants of arrest. (b) A summons may be issued in any case where a warrant may be issued, and shall be in the same form as the warrant except that it shall summon the defendant to appear before a magistrate at a stated time and place. The summons shall be served upon a defendant by delivering a copy to him personally, or by leaving it at his dwelling house or usual place of abode with some person of suitable age and discretion then residing therein or by mailing it to the defendant's last known address. If a defendant fails to appear in response to the summons a war rant shall be issued. Acts 1966, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art 1b.04. Complaint The affidavit made before the magistrate or dis- trict or county attorney is called a "complaint" if it charges the commission of an offense. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. i, 1966. Art. 16.06. Requisites of Complaint The complaint shall be sufficient, without regard to form, if it have these substantial requisites: 1. It moat state the name of the accused, if known, and if not known, moat give some reason- ably definite description of him. 2. It moat show that the accused has committed some offense against the laws of the State, either directly or that the affiant has good reason to believe, and does believe, that the accused has com- mitted such offense. 3. It must state the time and place of the com- mission of the offense, as definitely as can be done by the affiant. 4. It must be signed by the affiant by writing his name or affixing his mazk. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Art 15.06. Warrant Extends to Every Part of the State A warrant of arrest, issued by any county or district clerk, or by any magistrate (except mayors of an incorporated city or town), shall extend to any part of the State; and any peace officer to whom said warrant is directed, or into whose hands the same has been transferred, shall be authorized to execute the same in any county in this State. Acts 1965, 59th Leg., p. 317, ch. 722, § 1, eff. Jan. 1, 1966. Amended by Acts 1985, 69th Leg., ch. 666, § 1, eff. June 14, 1985. Art. 15.07. Warrant Issued by Other Magistrate When a warrant of arrest is issued by any mayor of an incorporated city or town, it cannot be exe- cuted in another county than the one in which it issues, except: 1. It be endorsed by a judge of a court of record, in which case it may be executed anywhere in the State; or 3S COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINA AND FiV COPIES OF THIS R QU ST AND _ DOCUMENTS TO BE REVIEW D BY THE COURT MADE BY: xERR 9-1-1 DISTRICT OFFICE: 79z-s9tt MEETING DATE: _, _ _,.~-I~' -9`f- TIME PREFERRED:Fj~t~~~,Aic~oR/ SUBJECT: (PLEASE BE SPECIFIC) ravisinn COURT ORDER zoaza of 3/9/92 EXECUTIVE SESSION REQUESTED: YES NO pl; PLEASE STATE REASON FOR EXECUTIVE SESSION ESTIMATED LENGTH OF PRESENTATION: /s mi n~_ „n~ ess court desires questions answered. PERSONNEL MATTER - NAME OF EMPLOYEE: NAME OF PERSON ADDRESSING THE COURT: Board Member Arran'/~~~~A and possible Consultant Dean Fitzgerald. Time for submitting this request for Court to assure that the matter is posted 1n accordance with Artlcie 6252-17 1s as follows: * Meetings held on Monday: 12:00 P.M. previous Wednesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court m eetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earnest opportunity. See Agenda Request Guidelines.