JIM MAnOX 

Attorney General 

!y;.max~2u~“di”0 

A&. Tn 7S711.2545 

512l4752501 

Telex 91Om711367 

Tdecopler 5lU47M2sa 

714 Jmkson. Suite 700 

DeJlar. TX. 75202.4508 

214l7428944 

4a24 Alber~,~ Ave.. Sullo 160 

El Pa+o. TX. 799052793 

9lw%x74a4 

1001 Texrr,~Sulte 700 

~ouaton. TX. 77002-3111 

7lY2235888 

808 Broodww Sulto 312 

Lubbock. TX. 79401.3479 

W47.5230 

4309 N. Tenth. Sulle 6 

McAllm. TX. 785ol.laa5 

5121882.4547 

200 Maln Plaza. Suite 400 

sari ht0fti0, rx 782052797 

512n25-4191 

An Equal Opporlunity~ 

Alllrmallvr Acilon Empldw 

The Attorney General of Texas 

February 21, 1986 

Eonorablc Brad Wdgbt 

chairman 

Committee on Pub1j.c Health 

Texas Eousc of Rex resentatives 

P. 0. Box 2910 

Austin, Texas 7f’769 

opinion No. JM-443 

Re: Whether It is unconstitutional 

to Impose the $3 court cost set out 

in article 8309-l. section 14(b), 

V.T.C.S., on persons convic’ted of 

certefn traffic offenses that 

occurred before September 1. 1985 

Dear Representatiw Wright: 

You have asked about recent legislation that imposes s $3 court 

cost on a person who is convicted of certain traffic offenses. The 

money is to be paid into the Crime Plctlme. Compensation Fund. 

V.T.C.S. art. 830’3-1, 114. The prior version of article 8309-l set a 

court cost of $12 JO for misdemeanors punishable by a fine of not more 

than $200. Acts 1983, 68th Leg., ch. 475. at 2764. But parsons 

convicted of a traffic offense under article 6687b. V.T.C.S., or 

article 67Qld, V.T.C.S.. vere exempted from payment of that court 

cost. Id. at 276!3,, 

- 

A 1985 amendment reduced the court cost attached to misdemeanors 

punishable by a fine of not more than $200 from $12.50 to $3, and it 

eliminated the ccemption from the court costs for traffic offenses 

under artlcles 66,87b and 6701d. The amending act took effect on 

September 1. 1985. Acts 1985, 69th Leg., ch. 135, at 732. 

You ask whet’her the $3 court cost on traffic offenses under 

articles 6687b ard 6701d can constitutionslly be applied to offenses 

that occurred bef we September 1, 1985. 

It is well settled that a law that inflicts a greater punishment 

than that annexed to a crime when committed is an l x post facto law. 

Ex paste Alcgria, 464 S.U.2d 868, 872 (Tex. Grim. App. 1971). Court 

costs are part 0.f punishment. merE=; vyte Carson. 159 S.U.2d 126, 129 

(Ta. Grim. App. 1942). upon conviction a criminal 

defendant can only be charged those co&t costs that were actached to 

the offense at the time it was committed. Thus, the $3 court cost 

cannot be charged in connection vtth an offease under article 6687b or 

article 6701d that occurred before September 1. 1985. See flicks v. 

State, 587 S.W.2d 422. 423 (Tex. Grim. App. 1979) (applicxon of ney 

p. 2016 
Eonorablo Brad Wright - Pagal 2 (JK-443) 

Penal Code to offenses ccnoitced before its effectiva date would 

violate prohlbltion on ex lost facto lam); Plachy v. State, 239 S.W. 

979, 981 (Tex. Grim. App. 1922) (application of law that changea rule 

of avidcnce must be held iaapplicabla in trial for offense committed 

prior to affective data of c’hange). 

SUMMARY 

The $3 court coat provided for in article 

8309-l. section 14(b), V.T.C.S., la Inapplicable 

to offenses undm: article 6687b. V.T.C.S., and 

article 6701d. V.T.C.S., that were comnltted 

before September 1, 1985. 

JIM MATTOX 

Attorney General of Texas 

JACK EIGBTOWBR 

First Assistant Attorney General 

MARY KELLER 

Executive Assistant Attorrey General 

ROBERT GRAY 

Special Assistant Attorne), General 

RICK GILPIN 

Chairman, Opinion Cocmittc~tr 

Prepared by Sarah Woelk 

Assistant Attorney Genera~l 

p. 2017