**OFFICE OF**  **THE ATTORNEY**  **GENERAL OF**  **TEXAS AUSTIN** 

Honoreble Thorn8 County Attorney, **Pitt** rburg, 

### Teur Dear Sir: H

. Robert 8011 Camp County
**Oplaloa no.**  **o-7153** RI: 

### Cm rharlff iO&aiiJ luk0 charge r0r 

## l

tten4lng 8COIa8

quotedl8 sollourt

to the 8cene of 1 at the 8cene 1 injured, an4 h8 **sherlfr** take8

~~~~~~~~m~~-

**an under** 

### taker. r the injured cal attention. over four hours Upon the arrival af the dead man’s fath.d, the 

### next day after the accident, the sheriff &urned .the dead man’s personal effects over to the iabe?, who asked the sheriff, what he owed him. The 8heriff replied that he thought $20.00 would be a lab payment.Honorable Thomas E. Robertron - **Page** 2

“The qw8tfon 8ubmitted f8: Under these 

### factr, cm the Sheriff legally make a charge 

### for thlr rervlce **ren4ere47**

“18 thlr collection un4er the above fact8 in vlolatlon of Art. 

### 365 P.C.1” Article 41, Code of Criminal Proce4ure. provides ln part that each 8herlff -11 be a oonwrvetor of the peace ia hlr aount~, an4 rhll 

### lr rert all offender8 against the laur 

### of the State, in hi8 vlev or hearlog, 4114take them before the proper court 

### Sor exminatlon or trial.



### Articlee 968-989, Code

### or Crbnhel nocedure, provider for **proosedingr** ln lnque8tr upon 4ea4 bodle8.

Uhlle the rherlff, a8 l “con8er?ator of the peace” vould 8eem to be within the rcope of hi8 offlclal duty la attending promptly the 8cene of a violent death ulthln his county 

### bad the 8Ub8eqWnt 1nQwrt thereon, yet he 18 not entitled to a fee of office for r;uch attendance for the rea8on that now Is provided by lnw. See enclo8e4 copy of Opinion No. O-5432 for rlmllar holding in regard to constable ‘8 fees. Of courae, if an lrre8t 18 madeby virtue of such lnvestlgation of the fatality than the 

### regular fees provided by law vould be avalleble. It 18 well Irettled 

### a8 law that an officer 18 not entitled to receive any CompenMtioa for hi8 offlclal services other than that which ha8 beea provided by law. Be 

### may not recover from third perscm compensatlm for 

### the perfcrnance of an act within the 8cope of his official duties. 

### See enclosed copy of Opinion 80. O-773, and als3 34 

### Tex. Jur. 53’;.

As to acts which an officer is under n3 o ’cligatlzn to perform because of his official character, he stand3 as does any nonoff1c:a1 person; 

### what such a 

### person maylawfully do he may40, and contracts vhlch the private lndivldual may make and enforce he maymake and enforce. 

### 34 lex. Jur. 534- 

### 535;I

Honorable Thoma8E. Robert ran - Page 2

ffter l carefulMar ch 0s the 

### rtatute8 ve are UQable to fla4 any off loibl duty placed upon a rherltf 

### to take 

### charge 

### 0s the perronal belonging8 0s an accident victim or, however laudable it MJ be, to carry the injured to a horpltal or call an undertaker for the dead. Thlr vould seem to be a duty coaunonto all per8on8, private or 0rriciai, owed to any 

### humanin di8tre88. Any oharge made for ruch 8ervice8 rendered vould rtaad 

### or fall un4er the civil lav 

### pertaining to 

### recoverle8 on 

### oontraotr or qwntum 

### merult. In no event vould it be COnlridOred a8 a fee Of Off iOe.

Article 365, Penal Code 

### ofTexar, 18a8 fOiiOV8:

‘If any offlcar 

### or per8oa ruthorlred by lav to dewad or receive fee8 

### 0s 0rrice, 

### 8hall ~iiiruii~ 

### collect for 

### himwlf or for 

### another any fee or fee8 not alloved by lav, or any money a8 a purported fee for a 8ervlee 

### or act not done, or 

### anyfee orSeer **due** him by lav in exca88 0s the fee 

### or fee8 alloved by lav for such 

### aervice8, he shall be confined in the penitentiary not IS88 than 

### ~VOor more than 

### five years for each 

### offense.n It 

### 18plain that 

### raidnext 

### l forementlone4 article deal8 only ulth fee8 for an offlclal act done or for the failure 

### to406n

### 0rrlciai &. -

--- Therefore, unle88 raid 8herlff collect3 or collected 8ald sumof money a8 a fee for the doing of an official act or for his failure to 

### do an official act which it was hLs legal duty to 

### do, we are constrained TVhold that he has 

### not violated any law. Yours very truly



### RLL:zd Encl. 

### ATTORNEY OENZN OFTEXAS By &&-IL+<- ??lgLzGj Robert L. kttlmore, Jr.

Assistant /-----

‘;-1