RIOTS AND OTHER DISTURBANCES

Here in Texas there are multiple ways to address disturbances in the social fabric. When those disturbances happen, in front of the judge they may be addressed in a couple of ways:

– OFFICER MAY REQUIRE AID

– MILITARY AID IN EXECUTING PROCESS

– MILITARY AID IN SUPPRESSING RIOTS

– DISPERSING RIOT

– OFFICER MAY CALL AID

– MEANS ADOPTED TO SUPPRESS

– UNLAWFUL ASSEMBLY

– SUPPRESSION AT ELECTION

OFFICER MAY REQUIRE AID

When any officer authorized to execute process is resisted, he (or she) may command as many of the citizens of his county as he may think proper. The sheriff may call any military company in the county to aid him in overcoming the resistance, and if necessary, in seizing and arresting the persons engaged in such resistance.

MILITARY AID IN EXECUTING PROCESS

If it be represented to the Governor in such manner as to satisfy him that the power of the county is not sufficient to enable the sheriff to execute process, he may, on application, order any military company of volunteers or militia company from another county to aid in overcoming such resistance.

MILITARY AID IN SUPPRESSING RIOTS

Whenever, for the purpose of suppressing riots or unlawful assemblies, the aid of military or militia companies is called, they shall obey the orders of the civil officer who is engaged in suppressing the same.

DISPERSING RIOT/UNLAWFUL ASSEMBLY.

Whenever a number of persons are assembled together in such a manner as to constitute a riot, according to the penal law of the State, it is the duty of every magistrate or peace officer to cause such persons to disperse.  This may either be done by commanding them to disperse or by arresting the persons engaged, if necessary, either with or without warrant.

OFFICER MAY CALL AID

In order to enable the officer to disperse a riot, he may call to his aid the power of the county in the same manner as is provided where it is necessary for the execution of process.

MEANS ADOPTED TO SUPPRESS

The officer engaged in suppressing a riot, and those who aid him are authorized and justified in adopting such measures as are necessary to suppress the riot, but are not authorized to use any greater degree of force than is requisite to accomplish that object.

SUPPRESSION AT ELECTION

To suppress riots, unlawful assemblies and other disturbances at elections, any magistrate may appoint a sufficient number of special constables.  Such appointments shall be made to each special constable, shall be in writing, dated and signed by the magistrate, and shall recite the purposes for which such appointment is made, and the length of time it is to continue (oath required). Special constables shall, during the time for which they are appointed, exercise the powers and perform the duties properly belonging to peace officers.

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