Texas Codes

Tex. Loc. Gov't Code § 85.005 (2026)

Guards; Penalty

✓ laws through the 89th Legislature (2025)
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Sec. 85.005. GUARDS; PENALTY. (a) The sheriff may, with the approval of the commissioners court or, in the case of an emergency, with the approval of the county judge, employ a sufficient number of guards to ensure the safekeeping of prisoners and the security of a jail.

(b) In case of an emergency, a guard is subject to being called to duty by the sheriff.

(c) A person charged with the responsibility of enforcing this section commits an offense if the person violates the section. An offense under this section is a misdemeanor punishable by a fine of not less than $50 or more than $200.

Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987. Amended by Acts 1989, 71st Leg., ch. 1, Sec. 12(a), eff. Aug. 28, 1989.

Notes of Decisions
Cited in 1 case, 2018–2018 · leading case: Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018).
Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018). “Tex. Loc. Gov't Code §§ 85.005(a), 351.041.”
Tex. Loc. Gov't Code § 85.005(a): 1 case
Jefferson Cnty. v. Jefferson Cnty. Constables Ass'n, 546 S.W.3d 661 (Tex. 2018). “Tex. Loc. Gov't Code §§ 85.005(a), 351.041.”
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