The Attorney General of Texas 

April 14, 1981 

MARK WHITE 

Anorney General 

Honorable Henry Wade 

Dallas District Attorney 

6th Floor, Records Building 

Dallas, Texas 75202 

Dear Mr. Wade: 

Opinion No. HW- 3 2 2 

Re: Collection of fines assessed 

in Dallas County Criminal Courts 

You have requested cur opinion regarding the collection of fines 

assessed in the Dallas County Criminal Courts. You ask the following 

questions: 

1. 

2. 

Does the sheriff of Dallas County have the sole 

responsibility for the collection of all fines 

assessed in the Dallas County Criminal Courts? If 

not, where &es this responsibility lie? 

Do the judges of the Dallas County Criminal 

Courts have the authority under the statutes 

creating these courts to order or direct that fines 

assessed in these courts be paid to or collected by 

the county clerk employees who are the clerks of 

said courts? 

Although a number of statutes refer to the duties of the sheriff in the 

collection of fines, none of them place the responsibility for doing so 

exclusively on the sheriff. Article 1616, V.T.C.S., for example, provides in 

pertinent part: 

An account shall be kept with the sheriff charging 

him with all judgments, fines, forfeitures and 

penalties, payable to and rendered in any court of the 

county, the collection of which he is by law made 

chargeable. 

See also Code of Criminal Procedure arts. 43.01-.13. 

Other statutes obviously contemplate that the county clerk shall 

collect fines. Article 1946, V.T.C.S., provides that: 

to] n the last day of each term of the county court, 

the clerk shall make a written statement showing all 

moneys received by him for jury fees and fines. . . . 

P. 1033 
. 

Honorable Henry Wade - Page Two ww-322) 

Article 1947, V.T.C.S., directs the clerk tar 

pay to the county treasurer all jury fees and fines received by 

him to the use of the county. 

The county criminal courts of Dallas County are possessed of: 

concurrent jurisdiction within the said county of all criminal 

matters and causes, original and appellate that is now vested in 

the county courts having jurisdiction in civil and criminal cases 

under the Constitution and laws of Texas. 

V.T.C.S. art. 1970-3110, SZ 

As part of their jurisdiction in criminal cases, county courts are authorized to 

impose fines. Article 42.15(a) of the Code of Criminal Procedure provides that: 

[WI hen the defendant is fined, the judgment shall be that the 

defendant pay the amount of the fine and all costs to the state. 

(Emphasis addedl 

In our opinion, the court may, in accordance with its authority to impose fines, direct 

that a defendant pay the amount of a fine to a particular officer acting on behalf of 

the state. Since the statutes indicate that both the sheriff and county clerk have 

responsibilities in the collection of fines, we believe that the court is therefore 

authorized to direct a defendant to pay then amount of the fine to either of those 

officers. We note, however, that only the sheriff is authorized to enforce collection of 

a fiie es to which there has been a default, even if the fine was originally ordered paid 

to the county clerk. V.T.C.S. art. 1616. 

SUMMARY 

Both the sheriff and county clerk have responsibilities in the 

collection of fines. The judges of the county criminal courts of 

Dallas County may direct a defendant to pay the amount of a 

fine to either the sheriff or the county clerk, acting on behalf 

of the state. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

p. 1034 
. 9. 

Honorable Henry Wade - Page Three (MW-322) 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMmEE 

Susan L. Garrison, Chairman 

James Allison 

Jon Bible 

Rick Gilpin 

P. 1035