2005 Texas Transportation Code CHAPTER 701. COUNTY TRAFFIC OFFICERS

TRANSPORTATION CODE

SUBTITLE I. ENFORCEMENT OF TRAFFIC LAWS

CHAPTER 701. COUNTY TRAFFIC OFFICERS


	§ 701.001. AUTHORIZATION.  (a) Except as provided by 
Subsection (c), 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)  Except as provided by Subsection (c), the commissioners 
court may employ not more than two additional deputies as county 
traffic officers to aid the regular officers in special 
emergencies.
	(c)  The limitation on the number of deputies that may be 
employed under Subsections (a) and (b) does not apply to a county 
with a population of more than two million.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 2005, 79th Leg., ch. 548, § 1, eff. June 17, 2005.


	§ 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.