Honorabla Thomas A. Wheat 

County Attorney 

Liberty county 

Liberty, 9!6~66 

Dear Sir: 

Opinion No. O-1166 '~ 

Bar Sues a Cit~~rehal, rho 

makes an allest within the COPponte limits of his oity, for 

the violation of a city ordin6no6 against speeding, have 

authority to take such law 

violator before the justice court, 

Or i6 he required to t&6 such 

violator before the oorporation 

oourt of the oity? 

Your letter requesting an opinion on the above stated question has 

been received and considered by this departmenti. 

AE we oonrtrue your opiuion tiquest, you are conoernsd only with 

the above question, and not withthe question of giving the violator a 

tioket, taking bail, eto. 

City marshal6 are pea00 offices. Article 36, ODda of Criminal 

Roosdurs of Texas, provides as follonsr 

"The following are 'peace offioacl*: The sheriff 

and his deputies, oonstable, the marshal, or polioamen 

of an inoorporated ~~RJI or city, the officers, noncdssianed officers and privatss of the State ranger 

force, and a* private pdrson apeoially appointed to 

exeoute oriminal prooess." 

Article 1067, Code of Criminal Procedws of Texas, re6ds a6 

followst 

"Conetab+, marshals or other peaae offioers 

who execute process and perform serviaes for justioes in ariminal actions, shall reoeiv(~ the same fees 

allolsd to sheriffs for the same 6erviossr* 
Hon. Thomas A. Rheat - Page 2 (O-1166) 

Article 62, Code of Criminal Procedure of Texas, reads as 

f0110W.¶1 

'Corporation Court. The &rpcration Court 

in each incorporated oity, tcaa or village of this 

State shall have jurisdiction within the corporate 

limits in all criminal oases arising under the ordinances of such city, tcun or village, and shall 

have concurrent jurisdiotion with eny justioe of 

the peaoe in any prsoinot in which said city, toun 

or village is situated in all criminal cases arising 

under the criminal laws of this State, in which punishesnt is ly fine only, and where the maximum of such 

fine may not exceed tna hundred ((200.00) dollars, 

and arising within such corporate limits." 

Article 64, Code of Criminal Procedure of Texas, reads as 

follcmsr 

eWheptwo or more courts have conourrent jurisdiction of any criminal offense, the coqrl; in which 

an indictment or a complain shall first be filed shall 

retain jurisdiotion of such offense to the exclusion 

of all cther.oourts.* 

ds a peace officer, a aitymarshalmay file such oases as acme 

within the scope of his authority in any oourt having jurisdiction thereof. 

ERs duties and pavers are variously dsfined in Articles 999 and 1147, Revised Civil Statutes of Texas. 

Artiole 02?a, Section 8, Penal Cede of Texas, regulates the rate 

end speed of motor vehicles in the State of Texas. This Article mad6 a6 

foqm6r 

"It shall be unlawful for any person to operate 

or drive any motor or other vehicle upon the pub110 

highways of Texas at a rate of speed in excess of fortyfive (45) miles sn hour, or drive or operate a motor or 

other vehicle within the corporate limits of sn inoorporated city or toen, or within or through any tom or 

village not inoorporated at a greater rate of speed 

than twenty (20) miles per hour8 provided, that it shall 

be unlawful to operate upon said public highuays a ccmmeroialmotor vehicle as defined in this Aot of either 

registered or actual gross weight of six thousand 

(6,000) pounds, or less, at a rate of speed in excss* 

of forty (40) miles per hour, or such whicle of either a registered or aotual gross weight of over six 

thousand (6,OCC) pounds, at a rate of speed in exce68 
Hon. Thomas A. Sheat - Page 3 (o-1166) 

of twenty-five (25)miles per hour, or within 

the corporate limits of any inoorporated oity 

or tom, or within or through any town or village not incorporated at a rate of speed in 

exce6s of eighteen (15) miles per hour. Provided further, that it shall be unlawful to operate 

any motor vehicle engaged in this State in the 

business of transporting passengers for oompensation or hire on any highuay, road or thoroughfare not privately owned between cities, tonns 

and village8 at a rate of speed in exoes8 of 

forty (40) miles per hour.6 

Article 8271, Section 15, Penal Code of Tera6, read6 a8 follows6 

"(a) It shall bs unlawful and constitute a 

misda6eanor for any person to violate any of the 

provisions of this Aot, ' 

e(b) Any person, oorpcration or receiver, 

who violates any provision of this A& shall, upon 

conviction, lm punished by a fine of not more then 

ti Hirndrad Dollars (~OOAO): for a second cmwiotion within on6 (1) year thereafter such person, 

oorporation or raoeiver, shall be punished by a fine 

of not more than PIve Hundred Dollars ($500.00) or 

by Imprisonment in the County Jail for not more 

thm sixty (60) days, or by both snob fine and imprisonment; u n a third or sub6equent oonviotion 

within on6 (1 p" year after the second conviction 

such person, aorpcration or reoeiver shall Im punished by a fine of not more than One Thousand Sollars (#l,OOO.OO) or by imprisonment in the Ccunty 

Jail for not more than six (6) months, or by both 

such fine and imprisorrment. Provisions hereof with 

respect to imprisor&ent shall not be applicable to 

oorporationr, but double the fine herein provided 

for may be imposed against them in lieu of imprisonmento~ 

hIany of the oities of Texas, perhaps all, have ordinances against 

"speeding." Therefore, the act of "speeding, * if aonraittod tithinthe incorporated limits of a oity, may be aviolation of a city ordinenoe, and aleo 

a violation of &rticle 827a, 3ectioaF8, Penal Code of Texas. 

Your request for an opinion did not ask us aq question relative 

tn the constitutionality of any city ordinance against 'speeding," nor 

were 66 furnished with a copy of any city ordinsnce. Therrfore,ne refrain 

from a~ discussion as to the constitutionality of any city ardinsnoe 

against "speeding.6 
Hon. Thomas A. Weat - Page 4 (O-1166) 

You are respectfully advised that it is the opinion of this 

deprtment that if the city marshal arrest6 a violator of a valid oity 

ordinance against speeding within the corporate limits of the city by 

virtue of a warrant issued bythe Co&ration Court, then the city 

marshal should oarry the offender Imforethat Court. If the city marshal arrested the violator of a State law against Speeding nlthin the 

oorpcrate 1imSts of the city by virtue of a 6Wrant issued Iy the ‘I)orporation Qurt, then the city marshal should carry the offender before 

that Court. If the city marshal arrested a defendant for violatine 

a State J.aw against speedingiwi$hinithe aorgnrgfe lir$ts-of ii,: 

the city by virtue of a warrant issued cut of the Justioe Court, then, 

in that event, the oity marshal should carry the offender before the 

Justice Court. 

You are further respectfully advised that it is the opinion 

of this daparimant that if the city marshal arrerrted a defendant for 

speeding, which was an offense against the State law, as well as an 

offense against a valid city ordinance, rdthout a wurrant, then, in the 

event, the arrest having been made within the city limits of the inoorpcrated city, md also within the limits of the justice precinct, the 

city marshal could elect as to whether or not he desired to file a 0866 

against the defendant in the city court for the violation of a valid 

city ordinance against apeedlng, or, he could file amse against the 

defendant in the city court for the violation of a State law against 

speeding, or he could file a 0860 against the defendant in the Justioe 

f3xu-t for the violation of a State law against -8peedix1g~ 

If the defendant was oharged with violating Article 827a, Saoticn 8, Penal Code of Texas, whereby the enhanced penalty for second, 

third or subsequent convictions as set out in Section 15 of Artiols 827.. 

supra, 1~s sought by the State, the case could only bs filed in the 

County Court0 

Trusting that this sati6faotorily an6wsrs your inquiry, and 

with best regards, me are 

Yours verytruly 

ATTORNEY GENERAL OF TEXA8 

By s/l& J, Fanning 

Vb~.J~Fanning 

Assistm t 

APPROVED DBC 7, 1939 

s/Gerald C. Mann 

AITORNEY GENFXAL OF TEXAS 

Apprwed Opinion Committee 

By.lnrs Chairman