E NE EXAS AUSTIN.


### April 27, 

### 1967

Hon. Joe Resweber CountyAttorney Harris County Houston,Texaa OpinionNo. M-65 Re:Whether Harris County can accept thepayment of a fine in a felony case thatwas transferredfromHarris County to Brazes Countyon Dear Sir: a changeof venue,under the stated facts. You have requestedan opinionof this office on the following question: "CanHarris Countyaccept thepayment of a fine in a,felony case thatwas transferredfromHarris County toBrazos County on a change of venue?" 'Your letter states that thedefendant in questianwas Indicted in Harris County for a felonybut the casewas subsequently'traneferred toBrazos Countyon a change of venue. Upon'the trialof the case thedefendant'wasfound guilty and a finewas Imposed. Daterupon arrest in Harris County thedefendantpaid the fine and itwas turned over to theDistrict Clerk of Harris County. The Harris CountyDistrict Clerk sent themoney to theDlatrict Clerk of Brazos County,who then sentTrustFundWarrant for $2,500.00 back to theHarrla CountyDistrict Clerk. As noted by you, in thememorandumbrief accompanyingyour opinionrequest,no statutoryor case law is found that Is directly in point on theabove question. However, thereare applicable Constitutionaland statutoryprovisionswhich, in the ,opinion of this office, control. The Texas Constitution,Article 16, 

### Section 24, 

### provides follows: as

' The Legislature shall-makeprovision for layingout andworkingpublic roads, for thebuildingof brldgea, ahd for utilizing fines, forfeituresand convict labor to all thosepurposes.n Article 949 of the 1925 Code of CriminalProcedure,now numbered by 

### Vernon's as Article 1006, 

### provides:

- 302-Hon. Joe Resweber, page 2 (M-65 )

’ Money collected by an officer upon recoghlzances, bail bonds and other obligations recovered upon in the name of the State under any provision of this code, and all fines, forfeitures, judgments and jury fees, collected under any provision of this code, shall forthwith be paid over by the officers collecting the same to the county treasurer of the proper county, after first deducting therefrom the legal fees and commissions for collecting the same. ” Article 1622, Vernon’s Civil Statutes, provides:

v When any officer collects money belonging to,~ and for the use of, any county, he shall, except where otherwise provided in this title, forthwith report the same to the proper county clerk stating fully from whom collected, the amount collectEd, the time when collected, and by virtue of what authority of process collected. On making such report, such amount shall be charged to such officer, and he may discharge himeelf therefrom by producing the receipt of the proper county treasurer therefor.” What the treasurer then does with the money is controlled by Article 1628, Vernon’s Civil Statute, which provides, in part, as follows:

v The funds received by the county treasurer shall be

classified as follows, and shall be appropriated, respectively, to the payment of all claims registered in the first, second and third classes: II

... It 2.‘All money received under any of the’provisions of the road ahd bridge law, including the penalties recovered from railroads for falling to repair crossings, and all fines and forfeitures.” Although Article 42.15, Vernon’s Code of Criminal Procedure, provides, in part, “When the defendant is only fined the judgment shall be that the State of Texas recover of the defendant the amount of such fine and all costs of the prosecution”, it is the opinion of this office that such fines, although assessed in the name of the State of Texas, are payable to the proper officials of the county where the case was tried and the judgment rendered. Thus, when the county treasurer of the county in which the judgment was rendered receives such fine he is directed by Article 1628as to where to place the sum received.

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Hon. Joe Resweber, page 3 (M-65 )

There are statutes applicable to other situations which make exception to Articles 1006, 1622, and 1628. One such provision is Article 45.11, Vernon's Code of Criminal Procedure, which provides for payment to the municipal treasury of fines imposed on appeals to the county court from the corporation court. Another such exception is Article 6731d, Section 144, Vernon's Civil Statutes, which makes a partial exception in providing that fines collected for violation of any highway law as set forth in the Uniform Act Regulating Traffic on Highways shall be used,by the municipality or the county In which the same are assessed, and to which the same are payable In the construction and maintenance of roads, bridges, and culverts therein, and for the enforcement of the traffic laws regulating the use of the public highways, and to help defray the expense of county traffic officers. Article 912, Vernon's Penal Code, provides that fine s imposed for the violation of the laws pertaining to the protection and conservation of wildlife be remitted to the Game, Fish and Oyster Commission, now the Parks and Wildlife Department. There are other specific exceptions, but transfer of fine money from the county where the cause was tried and judgment rendered to the originating county in change of venue felony cases is not among them. The absence of such specific authority to transfer such funds from Brazos County to Harri8 County, in this situation, require8 the fine money, less commissions,if any, to be delivered to t~he county treasurer of Brazos County and by him deposited in accordance with the law applicable to felony fine., Q collected as a result of offenses committed, causes tried, and judgment rendered in that county. It, therefore, follows that thie office is of the opinion that Harris County may not accept such funds. SUMMARY

Prepared by Harold 0. Kennedy Assistant Attorney General HGK:km

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Hon. Joe Resweber, page 4 (M-65 )

APPROVED: OPINION COMMITTEE Hawthorne Phillips, Chairman W.V. Geppert, Co-Chairman Robert Owen Sam Kelley W.O. Shultz Howard Fender STAFF LEGAL ASSISTANT A.J. Carubbi, Jr.

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