. 

. . .. :---pa 

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OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

.!I> 02 i.7-y .‘~ . .., 

. 

Bonorabl8 Ikrks g. Xo?Zichael ‘. 

I 

County Attorssy ,. 

Cass County 

Linden, Texas . 

.= 

1 Dear Sir: 

1 

1. 

1 - 

Your recent i. -. 

been reocived. 

a CJUil’;y in Teros 

precedirq proddonSubsequently 

ficial capacity 

on with said 

Grand Jury on 

estic,z officer files his fees in the 

s folliwst 

. 

2;. _. 

. 

TT$L * ih * * * I; * * * * @&go 

%bat amount of fees mda tke constable be , 

entitled-to rooolve for aSow smviccs? 

“3y whom shalJ. the abme fee be ps%d?I’. . 

. ..;‘f 

. 
Bonorable Parks E, KutIiohael, Page 2 

. 

AooordinS to the last Federal Census the population of Cam Count9 is 30,030 inhabitants. T&he aoun$jr 

officials of ssi!l county are oonperxated on’s12 annual?. 

salary basis, and the preolnct offioials are compensated 

on a ?ee beds, ,, - ,.* ._ 

Artiole.1030,’ Code of Crimidal Procedure, ipeoifitally provides certain fees for the sheriff or oonstable for 

d8fkitto services performed by them in f,elony cases in counties hcivinS,a population of l.ess than 4?,000 irLabl.tants,, as

shown by the preoedlng Federal Census, 

Section 17 of Axtlcle 3912e~, Verno~~s’&unotatbd 

Givil Statutes, reads, in pad, as followsr ‘r.;: . 

uSao. 17. (a). ~The term ~Precinot Offioera’ as 

uf$eU in this Act Eeaus j~st10atI OP the pescc a& obnstables. .~ , , 

WI counties vihBroin the county officers named 

in this A& are coapensatsd on the basis of an annual 

s%tary, the State of Tax%& shall not be charged with 

and shall not pay any fee qr commisalon to any preoinot officer for any services by him performI, but 

6oia officer ok&l. be paid by tke County out of the 

Officorel Salary Eund suoh fees ana oozdssions as 

w0u1C othcrwise.be paid, him ,by Thor State for such 

8ervioes.~ 

Article 1020, Code of Criidnal.‘~&ooe8ure,. providesj 

in part, that: ‘:>: 

. 

NShoriffs and Constables serving process end attend- 

$ng any cxainin& court in the examinati.01~ of any felony 

on&e, shall be entitled to such .fees as are fixed by law 

for simllw servlcos In mioaonecnor casea in County 

Oourt to be paid by the State, not to oxcoed Pour and 

X0/100 ($d.CO) Dollars in any one case, and mileage 

actually at:a necessarily traveled _ _ . in 3oin.S to the plaoe 

of arrest, and for conveylnz tlm prlsonor or prxsonors 

to jad.1 as provided in Articlas 1029 and 1030, Cod0 of 

Criminal Procedure, as the f&Esa may be, but no mileage 

who teve 

nesses f n the county where qabe is pen ins. 

shall be :.aid for s~u+?ln~ OS attachlcg wit- provj.ac no 

. ‘. . 
. 

Honorable Parks IL &S.i~hael, Page 3 

asheriff or constable shall receive from the State any 

additional mileage fdr any subsequent arrest of's defendant in t&e sane case, or In any other case In&n erdnin& oourt or in any district court based upon the st~1;1% 

charge or upon the same uriminal'act; or growId&out L'~ 

of the same criminal transaction, whether the arrest 

Is made with or without a warrant, or before or after 

lndIctm%nt, and In nonevent shall he be allow&l to 

duplicate his fees for mileage for making arrests, with 

or without narrantj or when two or more warrants of 

arrest or capiases are served or could have been served 

on the-same defendant on any one day." 

. 

Article 1065, Code of CrImInal Procedure, provides 

certain fees for definite services performed which shall be 

all0,ved the sheriff or other peace'offfoer perfcrming the 

same servioes in misdemeanor cases. A sheriff or &her 

peace officer Is allovced~ the sum of $2.00 for exeoutInS each 

warrant of arrest or oap$as, or naklng an arrest withouta 

yrarrant, In a misdemeanor case In the counts court. Article -. 

1020, supra, provides that sheriffs or constables serving 

process and attendins any exeminfng court In the examination 

of any felony case shall bo entitled to such fees as are 

fixed by la>sf for similar services In misdemeanor cases In 

the county court. You do not state the number of miles neoessarily traveled by the constable In conveying the prisoner 

to jail. Therefore we cannot state the definite amount that . 

the constable would be entitled to for such services. However, 

under Article 1020 and 1030, Code of Criminal ?roceclure, the 

constable woula.be entitled to mileage for each mile necessarily traveled In conveyIng;:the prisonor to jail, as provided 

In Section 4 of Article 1030, code of Criminal Prooedure, ana 

for making the arrest. 

Article 1020, Code of Criminal Procedure, was 

passed In 1933, and Section 17 of.ArtIcl% 39120 ~28 last 

amended in 1937. Therefore, Section 17 of Article 3912% 

Is controlling as to who shall pay the abovo mentioned fees. 

In view of the foregoing statutes' you are respectfully advised that It Is the opinion of this Department that 

'In counties where the county officials are compensated on a 

salary and the precinot officers are compansated on a fee 

basis, the constable is entitled to the statutory,fecs for 
. 

Honorable Parks Ii. EaUiohael, Page’ 4 

all servloes actually _perfomecl by 

handled In the exx&dr,g court acd 

him In felony 

said fees are 

cases 

to be 

pd.& the constable by the oounty out of~the officeqsalary fund when said fees would otherwIse be paIa!~p 

by the State for such aervioeo. 

Trusting that the foregoing fully answers your 

inquiry,’ we ar8 

Yours very truly 

snt