Honorabla Thomas A. Wheat **County Attorney**  Liberty county Liberty,9!6~66

Dear Sir: OpinionNo. O-1166 '~ Bar Sues a Cit~~rehal, rho makes an allestwithin 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 letterrequesting an opinionon the above statedquestion has been received

and considered

by this departmenti.

**AE** we oonrtrue

your opiuion tiquest, you are conoernsd

onlywith the above question, and not withthe question of giving the violatora tioket, taking

bail, eto. Citymarshal6

**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 exeouteoriminal

prooess."

Article 1067, Code of Criminal Procedws of Texas,re6ds a6 followst
"Conetab+, marshalsor other peaae offioers

who execute

processand perform serviaes for justioes in ariminal

actions,shall reoeiv(~ the same fees allolsdto 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 shallhave jurisdiction within the corporate limits in all criminal oasesarising

under the ordinances

of such city, tcun or village,and shall have concurrent

jurisdiotion

with eny justioeof 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 punishesntis ly fine only, and where the maximum of such fine may not exceedtna 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

jurisdictionof 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 dutiesand pavers are variously dsfinedin Articles999 and 1147,Revised Civil Statutes

of Texas.
Artiole 02?a, Section8, Penal Cede of Texas, regulates the rate end speed of motor vehicles in the State of Texas. This Articlemad6 a6 foqm6r

"It shallbe unlawful for any person to operate
or drive any motor or othervehicle upon the pub110 highways

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

within the corporate limits of sn inoorporatedcity **or** toen, **or** within or throughany tom or villagenot 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 vehicleas definedin this **Aot** of either registered

or actualgrossweight of six thousand (6,000) pounds,or less, at a rate of speed in excss* of forty (40)miles **per** hour, or suchwhicle of either a registered

or aotual grossweight of over six thousand (6,OCC)

pounds,at a rate of speed in exce68Hon. Thomas **A.** Sheat - Page 3 (o-1166)

of twenty-five

(25)miles per hour, or within the corporate

limitsof any inoorporated oity
or tom, or within or throughany town or village not incorporated at a rate of speed in exce6s of eighteen (15) miles per hour. Provided further,

that it shallbe unlawful to operate any motor vehicle engagedin this State in the business

of transporting

passengers

for oompensation or hire on any highuay, road or thoroughfare not privately

owned betweencities,tonns and village8at a rate of speed in exoes8 of forty (40)miles per hour.6

Article 8271, Section15, Penal Code **of** Tera6, read6 a8 follows6
"(a) It shall bs unlawful and constitute

a misda6eanor

for any personto violate any of the provisions

of this Aot, ' e(b) Any person,oorpcration or receiver, who violatesany 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 HundredDollars ($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 reoeivershall Im punished by a fine of not more than One ThousandSollars (#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 shallnot be applicable to oorporationr,

but double the fine hereinprovided for may be imposedagainst them in lieu of imprisonmento~
hIany of the oities

of Texas,perhapsall, 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 requestfor 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.6Hon. Thomas A. Weat - Page 4 (O-1166)

You are respectfully advisedthat it is the opinion of this deprtment that if the city marshal arrest6

a violatorof a valid oity ordinance

against speeding

within the corporate limits of the city by virtue of a warrant issuedbythe Co&ration Court, then the city marshal should oarrythe offenderImforethat Court. If the city marshal arrested

the violator

of a State law againstSpeeding nlthin the oorpcrate

1imStsof the city by virtue of a 6Wrant issued Iy the **‘ I)or**  poration

Qurt, then the city marshal should carrythe offender before that Court. If the city marshalarrested 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 JusticeCourt.

You are further

respectfully

advised

that it is the opinion of this daparimant

that if the city marshalarrerrted a defendant

for speeding,

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

againsta valid city ordinance, rdthouta 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 citymarshal could elect as to whether or not he desiredto file a 0866 against

the defendantin the city court for the violation of a valid
city ordinance

againstapeedlng,

or, he could file amse againstthe 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,wherebythe enhanced penalty for second, third or subsequent convictions

as set out in Section15 of Artiols 827.. supra,1~s soughtby the State,the case could only bs filed in the CountyCourt0

Trusting

that this sati6faotorily an6wsrs

your inquiry,

and with best regards,

me are

Yours verytruly

ATTORNEY

GENERALOF TEXA8

By s/l& J, Fanning
Vb~.J~Fanning Assistmt

APPROVED

DBC 7, 1939 s/Gerald C. Mann AITORNEY GENFXALOF TEXAS Apprwed OpinionCommittee By.lnrsChairman