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for Texas Soujorners only

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  • donwebbuz
    The traffic citation that you got might be illegal since only 5 officers per county are authorized to enforce traffic law..is the police impersonating a
    Message 1 of 1 , May 28, 2007
      The traffic citation that you got might be illegal since only 5
      officers per county are authorized to enforce traffic law..is the
      police impersonating a traffic officer?

      § 701.001. AUTHORIZATION. (a) Acting in conjunction
      with the sheriff of the county, the commissioners court of a county
      may employ not more than five regular deputies as county traffic
      officers.
      (b) The commissioners court may employ not more than two
      additional deputies as county traffic officers to aid the regular
      officers in special emergencies.

      Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1,
      1995.


      § 701.002. POWER TO ACT; GUIDANCE. (a) A county
      traffic officer:
      (1) must be deputized by the sheriff or a constable of
      the county in which the officer is employed;
      (2) must give a bond and take an oath of office as
      other deputy sheriffs;
      (3) must work under the direction of the sheriff;
      and
      (4) has the same right and duty as a deputy sheriff to
      arrest a person who violates a law.
      (b) The district engineer of a Texas Department of
      Transportation district in which an officer operates shall advise
      the officer on enforcement of the state laws that regulate traffic
      on highways.

      Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1,
      1995.


      § 701.003. DUTIES. (a) A county traffic officer
      shall:
      (1) be a motorcycle rider when
      practicable;
      (2) cooperate with the police department of each
      municipality in the county to enforce state traffic laws in that
      municipality and in the county;
      (3) enforce state laws that regulate the operation of
      a motor vehicle on a highway, street, or alley; and
      (4) remain on and patrol the highway at all times when
      performing the officer's duties.
      (b) An officer may leave a highway only in pursuit of an
      offender the officer is unable to apprehend on the highway.

      Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1,
      1995.


      § 701.004. COMPENSATION. (a) The compensation to be
      paid a county traffic officer shall be set before the officer is
      employed.
      (b) Salary paid to the officer is independent of a salary
      paid to the sheriff and sheriff's deputies who do not act as highway
      officers. Compensation for an officer may not be included in the
      sheriff's settlement in accounting for a fee of office or as salary
      paid to the sheriff or a sheriff's deputy.
      (c) The commissioners court may provide necessary equipment
      for the officer at the county's expense. An officer's equipment may
      include a motorcycle and maintenance of that motorcycle.

      Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1,
      1995.


      § 701.005. FEES. A fee may not be charged for a service
      of a county traffic officer.

      Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1,
      1995.


      § 701.006. COMPLAINT; HEARING; DISMISSAL. (a) If a
      county traffic officer fails to perform the officer's duty to
      enforce the law, the district engineer of the Texas Department of
      Transportation district in which the officer operates may send a
      written, signed complaint to the commissioners court.
      (b) On receipt of the complaint, the commissioners court
      shall hold a hearing and summon the officer to appear before it.
      (c) If the commissioners court determines at the hearing
      that the officer has not performed the officer's duty, the
      commissioners court shall immediately discharge the officer and
      promptly employ another officer.
      (d) The commissioners court on its own initiative, or on
      recommendation of the sheriff, may dismiss a county traffic officer
      if the officer is no longer needed or if the officer's service is
      unsatisfactory.

      Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1,
      1995.






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