Case Information
*1 Railroad Commission of Texas
Austin, Texas
Gentlemen: Attention of Mr. C. F. Petet
Opinion No. O-1951 Re: (1) Does the law governing the State Rangers in effect October, 1936, and still in effect, permit State Rangers located at a point where s legal strike ia in effect to accept payment of money from an officer of a railroad as salary or money to cover their expenses 1
(2) If not, what is the penalty snd to whom should charges be filed to correct such conditions?
We are
in receipt of your letter of recent date, requesting the opinion of this depsrtment, touching the above stated questions‘. We were subae- quently informed by you that the State'Rangers involved were special rangers pertaining to whom,~ only, you requested our opinion.
%,ection 5 of Article 4413 (ll), Vernon's Annotated Civil Statutes (Acts 1935, 44th Leg., p. 444, ch. 181, Ill), provides:
"(5). SpeciaL ?,,' ;ers: The'Commiss:~x (Public Safety Commission) ( :xreiithesis ours) shall have authority to appoint such number of special rangers as may be deemed advisable, not to exceed Three B-mdred (300) in number; such rangers shall not have any connection with any Ranger Company or Hi&way Motor Patrol; but~'they‘sh&ll at ally times be subject to the orders of the Commission and the Governor for special duty to the same extent as the other law enforcing' officers provided for in this Act; such special rangers, however, shall not have the authority to enforce any lawa except those designed to protect life and property, and such rangers are es-?ecially denied the authority to enforce any laws regulating the use of the State highways by motor truck and motor buses and other motor vehicles. Such rangers shsll not receive any compensation from the State for their services, ond before the issuance of the commission each such ranger shall enter into a good and sufficent bond executed by a Surety Company authorized to do business in Texas in the sum of Twenty-five Hundred ($S,>OO.OO) ,Dollars,~ approved by *2 Railroad Commission of Texas, Page #2 (O-1951)
the Director, indemnifying all persons against damages accruing as th; :.r::ult of any illegal or unlawful acts on the pert of such special ranger. All special ranger commissiona shall expire on January .lst of the odd year after appointment, and the Director can revoke any special ranger commission at any time for cause, and su?h officer shall be designated in the commission as Special Rabd;er .
"Provided further that the Commission shall not issue more then ten commissiona to special rangers for employment by any one person, firm or corporation at any one time, except during an emergency, when in the opinion of the Commission it is necessary in.the interest oP the public justice to permit the employment 'ar more than ten."
It ia observed that this statute, specifically contemplates the emproyment of special rangers by persons, firms or corporations. The right to such private employment, in the absence of any enactment to the contrary, would authorlee such special rangers to accept payment of money as a salary or for expenses, by a railroad corporation. The statute also provides, as will be observed from a reading thereof, that suoh special rangers shell not receive any compensation from the State for their services. You are, therefore, respectfully advised that Special Rangers may accept payment of money, as salary or to cover expenses, from a railroad corpo- ration. This, of course, applies only to Special Rangers, and not to the regular Texas Ranger Force, the members of which are compensated by the State. Accordingly, it becomes unnecessary to answer your second question.
Yours very truly, s/ Zollie C. Steakley .By Zollie C. Steakley Assistant zcs : arr/ldw APPROVED FEB. 21, 1940
s/W. F. RMRR
FSR3T Acl&U.Trn .
ATTORNEY CEXERAL
APPROVEDO?l3ION COMMITTEE
BY B. W. B.
CHAIRMAN