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HelloThis is Samuel and I will discuss this and provide you information in this regard.You discuss precincts, however, please tell me are precinct 5 and 4 in the same county?
If the precincts are in the same county, then the officer has jurisdiction. This is generally done via a Memorandum of Understanding between the counties.Here is a copy of the Texas Attorney General's Opinion on such matters.Within the Opinion you will find the following:As a practical matter a constable exercising law enforcement duties will naturally focus on the precinct that elected the constable. But a constable’s authority as a peace officer does not end at the precinct boundary. SeeTex. Att’y Gen. Op.Nos. O-3969 (1941) at 3-4,0-1565 (1939) at 4-5. Consequently, the constable in the example you pose would have the statutory authority to patrol and perform other peace officer duties on school district property within the constable’s county, even though a portion of the property lies partially outside the constable’s precinct.
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Thank youAccording to the Attorney General's opinion the answer to that question is no. It is not about precinct but rather by County and if the precincts are in the same county, then it has jurisdiction. I suggest you can file a motion to dismiss based on improper jurisdiction. And if the court agrees the matter will be dismissed and then precinct 4 will need to hear the matter.
I know you disagree with this. But I did not write the Attorney General's opinion and all I can do is provide the true and correct information for you.