. . . . . . . .:i *, ” 

:@ i . z . . j 

OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable H. A. Hodges 

CoULlt~ AUditOT, ifilliI3iUBOll COUllty 

Oeorgetown, Tera8 

3ear Sir: '. 

oourt in ths exai@nat.Lon 

Your letter 

cr this department on 

48 r0ii0w8: 

the Justice 

ir under the Oiiloerr Salary Law 

pid a salary and the Preolnot 

Orribers~~are p&d by fees, and more than 3000 votes 

are caqt, in:,,the general elections. 

*Age 1029 CCP, Felony tees, doee not give au 

amount to be paid either the Sheriff or Constable 

for taking bonds but Artiole 1005 CCP allows $1.50 to 

Sherirt or Constable ror taking bond in a MISDEXE~NOR 

case. 

*In my opinion the Constable Is not entitled 

to a ree for taking bond in a Felony Exemining Trial 

2nd I h&e deducted suoh charges from the acoounts, 

however I shall be pleased to have your opinion in 

tne rtitter. * 
ix. a. A. Hougee, p4ge 2 

9 

-ticlo 1020, Vernon’s Annotated Code of Criminal 

T’rocedure, provider, In Part: 

I* l * Sherlrrr and oonstables senlng prooess knd attending any examining court in the examlnation 0r any relony case, shall be entitled to suoh 

roes ar are..tlxed by law for 8imllar servloer in mirdemeanor case8 In oounty court to be paid by the State, 

not to eroeed four and no/100 ($4.00) dollar8 In any 

one case, and mileage aotually and necessarily traveled 

in going to the place of arrest, and ror oonveylng the 

prisoner or prlsonere to jail ar provided in Articles 

1029 and 1030, Code of Criminal Prooedure, as the 

iaots may be, but no mileage whatever shall be paid 

ror summoning or attaohing witnesses In the oounty 

where the ease Is pending. Provided no Sheriff or 

Constable shall reoeive~‘trom the State any additional 

mileage for any subsequent arrest of ,the defendant in 

the same 0380, or in any other oase in an examining 

court or in any district oouti based upon the same 

charge or upon the same e&id- aot, or grAng out of 

the same orlmlnal transaotlon, whether the arrest is 

made with or without a warrant, or berore or after 

.indiotment, and in no event shall he be allowed to 

duplicate his roes for miie%e for making arresta 

with or without warrant, or when two or more warrants 

of arrest ar oaplases are served or oould havz p;t 

served on the same defendant on any one day. 

Artiole 1005, Vernon98 Annotated Code of Criminal 

Prooedure, allows oertaln reea for derinite servloea performed 

whioh shall be paid the Sherirr or other peaoe oftioer performing 

the same services In misdemeanor oases. It will be noted that 

Article 1020, supra, provides, In effeot, that the Sheriff or 

Constable serving process and attending any examining oourt in 

the examination ot any felony oaae shall be entitled to suoh fees 

as are rixed by law for almilar serrloes in miedemeanor oases ln 

oount y oourt , provided, suoh ree shall not exoeed four dollars in 

any one 0880, and mileage aotuallg and necessarily traveled In going to the plaoe of arrest and ior oonveying the prisoner or 

prisoners to jail aa provided in Artiole 1029 and article 1030, 

Code of Criminal Procedure, as the facts may be. VJflliamson County 

has a population of 41,698 inhabitants acoordlng to the 1940 Federal 

Census. Therefore, Article 1029, Vernon’s Annotated Code of Crlmina: 
Honor.lble H. is. Hodges, pige 3 495 

Procedure, is applicable to said oounty. 

,irtlole 1055, Vernon’s aotated Code ot Criminal 

Procedure, provfdws, in part: 

“The following fee8 shall be allowed the 

s:lerfrr, or other peaoe oiiloer performing the 

snme servioerr in ml6demeanor cases, to be taxed 

agaInat the defendant on oonviotlon: 

“1. For exeoutlng eaoh warrant or arretrt or 

copias, or making arrest without warrant, two dolLZS. 

“2. For summoning eaoh witness, seventy-rive 

uents. 

“3. For serving any writ not otherwise provided 

ror, one dollar. 

“4. For faking and approving each bond, and returning the same to the oourt h&se, when neoessary, 

one dollar and fifty cents.~ 

“5. For each oommltment or release, one dollar. 

î * * l rc 

Seotion 17 of Article 39120, Vernon’s Annotated Civil 

Statutes, reads, in part: 

“The term ‘preoinct of’floers* as used in this Act 

means justioes of the paace and oonstables. * * * In 

counties wherein the county officers named in this Act 

are compensated on the basis of an annual salary, the 

state of Texas shall not be oharged with and shall not 

pay any fee or oominisslon to any precinct orrioer ror 

,vly services by him performed, but said officer shall be 

-aid by the oountg out or the Officers’ Salary Fund such 

fees and commission as would otherwise be paid him by the 

State for such services.” 
_ 496 

Artiole 102O. Vernon'e Annotated Code of Criminal 

lrooedure, wa8 asended in 1933, and Sootion 17 of r\rticle JQl2e 

raa amended in 1927. Therefore, deotion 17 of Article 39120 

is controlling a8 to whom shall pay the above mentioned fee8. 

In view of the roregolng Statute8, you are respectfully advised that It IS the opinion oi thlr department that 

the Constable 18 entitled to a fee for taking a bond in a relony 

examining trial and the amount of such fee IS )1.5O a8 allowed 

by .rrtiole 1065, rupra; the oonstable 18 entitled to 8uoh feea 

as are fixed by law for rlmllar servicer in mirdemsanor oase8 

in oountj Court for rerving prooess and attending any sxamlnlng 

oourt in thS examfnatlon oi any relony oaee, provldod ruoh tee 

shall not exoeed 44.00 In any one ease, and mlleags aotually 

aad neceaaarlly traveled in going to the plaoe of arrest, and 

for conveying the prisoner or prisoner8 to jail ae provided in 

.stiole 1029, Vernon'8 Annotated Code of Criminal Procedure. 

Stated dlrrerently, it is the opinion of thls department that 

in oountler where the oountp orrlciala axe compensated on a 

salary baa18 and the preolnot orricer are oompeneated on a ree 

basis, the constable is entitled to the statutory reda for all 

services aotually performed by hlm in feloay oaaea handled In 

tke examining court, subjeot to the above mentioned llmltationr, 

and said reea are to be paid the.oonstable by the oounty out of 

the Oifloer8' Salary Fund when fee8 would otherwise be paid him 

by the State ror suoh senloer. However, berore the oonetable 

la entitled to receive the above mentioned ieeo the defendant 

mat be tidloted by the grand jury. Under the provi8lo~8 0r 

oticle 1019, Vernon'8 Annotated Code of Criminal Prooedure, and 

Seotion 17, AFtlo 39120, Vernon*8 Annotated Civil Statutes 

the derfendant 18 indioted for a telony and upon oonvlotlon hf8 

if 

punishment i's by rine or oontlnement in the oounty Jail., or by 

both 8uoh rlne and oonflnement In the oounty all, or oonvloted 

oi a misdemeanor, no oo8t8 rhall be paid b { de oounty to the 

constable. -ill ooet8 in 8uoh easer rhall e taxed, assessed 

and oolleoted ar In mlrdeneanor oaaea~ Under the provision8 of 

irtlole 1027, Vernon'8 Annotated Code of Criminal Procedure and 

Seotion 17 of Article 39120, Verponf8 Annotated Clvll 5tatute8, 

in aU oase8 where a defendant is indioted ror a relony but under 

the indictment he may be oonvloted Of a misdemeanor or a relonY, 

and the pUniShIW3Bt which may be assessed Is a rine, Jail sentence 

or both, such rlne and lmprlronment In Jail, the ooU%Y shall PaY 

no fees to the constable except where the defendant Is indioted 

ror the orrense 0r murder, until the case has been finallY disposed 

or in the trial oourt* 

Yours very truly 

C-H' 

Xi:EP