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 

q uo ted l 8 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 l r r er t all offender8 against the laur of 

the State, in hi8 vlev or hear log, 4114 take 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 l rre8t 18 made by 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 nonof f 1c :a1 person; what such a person may lawfully 

do he may 40, and contracts vhlch the private lndivldual may 

make and enforce he may make and enforce. 34 lex. Jur. 534- 

535 ; 
I 

Honorable Thoma8 E. Robert ran - Page 2 

ffter l c a r eful M a r c h 0s the rtatute8 ve are UQable to f la4 any off loibl duty placed upon a rher ltf 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 coaunon to all per8on8, private or 0rriciai, owed to any 

human in 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 of Texar, 18 a8 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 any fee or Seer 

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 ~VO or more than 

five years for each offense.n 

It 18 plain that raid next l forementlone4 article 

deal8 only ulth fee8 for an offlclal act done or for the 

failure to 40 6n 0rrlciai &. - --- 

Therefore, unle88 raid 8herlff collect3 or collected 

8ald sum of 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 TV hold that he has not violated 

any law. 

Yours very truly 

RLL:zd 

Encl. 

ATTORNEY OENZN OF TEXAS 

By &&-IL+<- ??lgLzGj 

Robert L. kttlmore, Jr. 

Assistant 

/----- 

‘; -1