JIM MAnOX Attorney General !y;.max~2u~“di”0 A&. Tn7S711.2545 512l4752501 Telex 91Om711367 Tdecopler 5lU47M2sa

714Jmkson. Suite700 DeJlar.TX. 75202.4508 214l7428944

4a24Alber~,~Ave..Sullo 160 ElPa+o.TX. 799052793 9lw%x74a4

1001Texrr,~Sulte 700 ~ouaton. TX. 77002-3111 7lY2235888

808Broodww Sulto312 Lubbock.TX. 79401.3479 W47.5230

4309N.Tenth. Sulle 6 McAllm. TX. 785ol.laa5 5121882.4547
200Maln Plaza. Suite400 sari ht0fti0, rx 782052797 512n25-4191

AnEqualOpporlunity~ Alllrmallvr Acilon Empldw 

# TheAttorney GeneralofTexas
February 21, 1986

Eonorablc BradWdgbt chairman Committee onPub1j.c Health Texas Eousc of Rexresentatives 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 $12JO 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 amendmentreduced 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 befwe 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. Expaste 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 anoffease 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. 2016Eonorablo Brad Wright - Pagal2 (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 JACKEIGBTOWBR First Assistant Attorney General MARY KELLER Executive Assistant Attorrey General ROBERT

GRAY Special Assistant Attorne), General RICKGILPIN Chairman, Opinion Cocmittc~tr Prepared by Sarah Woelk Assistant Attorney Genera~l

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