Chapter 8: Suppression of Riots and Other Disturbances

Article 8.01: Officer May Require Aid

  • Authorized officers executing process facing resistance can command assistance from citizens.

  • The sheriff may also summon local military companies to aid in overcoming resistance and arresting involved parties.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.02: Military Aid in Executing Process

  • If county power is insufficient for a sheriff to execute process, he may appeal to the Governor.

  • The Governor can then order military or militia from another county for assistance.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.03: Military Aid in Suppressing Riots

  • Military or militia companies called to suppress riots or unlawful assemblies must obey civil officers’ orders.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.04: Dispersing Riot

  • It is the duty of magistrates or peace officers to disperse groups constituting a riot.

  • This can involve commanding dispersal or arresting individuals, with or without a warrant.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.05: Officer May Call Aid

  • Officers can call on county resources as needed to disperse a riot, similar to what is done for execution of process.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.06: Means Adopted to Suppress

  • Officers suppressing riots are authorized to use necessary measures but must avoid excessive force.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.07: Unlawful Assembly

  • Provisions relating to riot suppression also apply to unlawful assemblies and disturbances as defined by the Penal Code.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.08: Suppression at Election

  • To maintain order at elections, magistrates may appoint special constables, detailing the purpose and duration of the appointment.

  • Special constables must take an oath to act impartially and suppress disturbances.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Article 8.09: Power of Special Constable

  • Special constables appointed will exercise powers and duties akin to peace officers during their term.

  • Basis: Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.