The Attorney General of Texas 

November 6. 1981 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin. TX. 76711 

5121475-2501 

Telex 9101674-1367 

Telecopier 51214750266 

1607 Main Sl.. Suite 1400 

Dallas. TX. 75201 

2141742-8944 

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El Paso, TX. 79905 

9151533.3464 

1220 Dallas Ave.. Suite 202 

“ouston. TX. 77002 

7131650.0666 

606 Broadway. Suite 312 

Lubbock. TX. 79401 

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McAllan. TX. 76501 

5121662.4547 

200 Main Plaza. Suite 400 

San Antonio. TX. 78205 

5121225.4191 

A” Equal OpportunItyi 

Affirtnatwe Action Employer 

Honorable John T. Montford 

Criminal District Attorney 

2nd Floor. County Courthouse 

Lubbock, Texas 79401 

Dear Mr. Montford: 

Opinion No. m-386 

Re: Application of articles 

43.09 and 42.03 of the Code of 

Criminal Procedure to the 

justice courts 

You ask two questions which relate to the application of certain 

criminal procedure rules to the justice courts. 

Your first question is: 

Does article 43.09, as amended by the 67th 

Legislature (Senate Bill No. 430) raising the 

credit for fines and costs 'laid out' from $5 to 

$15 per day, apply to fines and costs assessed in 

justice court in view of article 45.53, which 

provides for credit of $5 per day? 

The Sixty-seventh Legislature amended article 45.53 of the Code of 

Criminal Procedure to provide that a defendant placed in jail by order 

of a justice court may serve out his fine at the rate of "not less 

than $15 for each day." House Bill No. 647, Acts 1981, 67th Leg., ch. 

708, at 2648; see Code Crim. Proc. art. 45.52. Therefore, article 

45.53 rather than 43.09 controls the credit for fines and costs 

assessed in justice court. 

Your second question is: 

Does article 42.03 of the Code of Criminal 

Procedure require justice courts to give credit 

for pre-conviction jail time? 

The relevant section of article 42.03 reads: 

sec. 2. (a) In all criminal cases the judge 

of the court in which the defendant was convicted 

shall give the defendant credit on his sentence 

for the time that the defendant has spent in jail 

’ ., 

p. 1312 
Mr. John 2. Montford - Page 2 (MW-386) 

in said cause, from the time of his arrest and 

confinement until his sentence by the trial court. 

This is a general statute which applies to all convictions in the 

absence of a more specific enactment. 

863 (Tex. Grim. App. 1940). 

See Ex parte Young, 136 S.W.2d 

We have not found a more specific statute 

relating to the credit of jail time served prior to conviction in 

justice court. 

In interpreting this statute, the Texas Court of Criminal Appeals 

has determined that a pre-conviction jail time credit against a 

defendant's later sentence is mandatory. Jones v. State, 545 S.W.2d 

771 (Tex. Crim. App. 1977); Guerra v. State. 518 S.W.2d 815 (Tex. 

Grim. App. 1975). Therefore, because article 42.03 applies to justice 

courts as well as other state courts, they must give credit for 

pre-conviction jail time. 

SUMMARY 

Justice courts must comply with articles 

42.03 and 45.53 of the Code of Criminal Procedure. 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Dawn Bruner 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

Jon Bible 

Dawn Bruner 

Rick Gilpin 

Maury Hexamer 

Jim Moellinger 

Bruce Youngblood 

g# 

Attorney General of Texas 

’ . 

p. 1313