Texas Legal Guide (texaslegalguide.com) is currently under construction.
This page is available for comment and discussion regarding the page Article XVI, Section 1 of the Texas Constitution.
add ?Edit
Brown v. State, 238 S.W.2d 787, 788 (Tex. Crim. App. 1950) (holding that an oath to perform the duties of a special judge "agreeably to the Constitution and laws of the United States and of this State" but did not include an obligation to "preserve, protect and defend" the constitutions and laws did not satisfy the constitutional oath requirements).
Under the Aldine standard, the "determining factor ... is whether any sovereign function of the government is conferred upon the individual to be exercised by him for the benefit of the public largely independent of the control of oth~rs." Id. at 583. Courts of appeals and this office rely on the Aldine standard to determine whether a person is a public officer required to take the constitutional oath of office under article XVI, section 1.
https://www2.texasattorneygeneral.gov/opinions/opinions/51paxton/op/2017/kp0140.pdf
reviewEdit
Flatm v. State, 56 Tex. 93, 98 (1882)
Weathe+rdv. State, 21 S.W. 251,251 (Xx. Grim. App. 1893)
reviewEdit
Bell v. Faulkner, 19 S.W. 480 (Tex 1892); Hagler v. State, 31 S.W.2d 653, 654 (Tex. Grim. App. 1930); Keel v. RaihmdComm ?I, 107 S.W.Zd 439,441 (Xx. Civ. App.-Austin 1937, writ ref'd).
add?Edit
Prieto Bail Bonds v. Tex., 994 S.W.2d 3 16,3 18-20 (Tex. App.-El Paso 1999, pet. ref'd)
fyi: The Aldine standard is also the appropriate standard by which to determine, under article XVI, section 1 of the Texas Constitution, whether a particular position is a public office. We therefore overrule Attorney General Opinions H- 1027 (1977) and DM-3 8 l(l996) to the extent they conflict with this opinion.
add?Edit
Arrests made in accordance with statute by de facto police 05cers an valid. An individual may be a de facto police 05c.q even though he has not taken the oath of 05cc.
https://www2.texasattorneygeneral.gov/opinions/opinions/48morales/op/1996/pdf/dm0381.pdf
We therefore overrule
Attorney General Opinions H- 1027 (1977) and DM-3 8 l(l996) to the
extent they conflict with this opinion.
https://www2.texasattorneygeneral.gov/opinions/opinions/50abbott/op/2005/pdf/ga0365.pdf