February4,1971

Hon. William 8.Mobley, Jr. Dietrict Attorney Opinion No.M- 784
Nuecee County Cdurthouse Corpu8 Chriati, Texas 70401

Dear Mr. Mobleyr Ret Purposes forwhich fees collected **purmant** to Article 42.12(6a), Texas Code ofCriminal Procedure, maybe wed, and related questiona. Your recent letter requesting the opinion of thir office concerning the referenced matter poses the'following questions:

"I. What does 

### ‘foruse in administering the probation laws'mean with regard to

### ai8tribution of feee pureuant toArt. 42.12, 8ec. 6a, Texas Co&of Criminal Procedure?

,... ,. "II. With regard to the collection and distribution of 

### feesunder the probation 

### law, do such fees have tobs deposited in the county general fund and disbursed therefrom as other county funds?

"III. IS it permissible for the Probation Department to establish a special:trust accoufit and for the Judge only to authorize certain expenditures from such account without~first depositing such funds in the county general fund?"
@ection 6a of Article 42.12 of the-Texas Code of Criminal Procedure, also known as theAdult Probation and Parole 

### Saw,provide8 ai follower

"(a)Acourt granting probation may fix a fee not exceeding $10 per month tobe paid tq the court by the probationer during the probationary
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.‘~Eon.William B.Mobley, Jr., page 2 (M-784)

period. The court may make payment of the fee a condition of granting or continuing the probation. "(b) The Court shall distribute the fees received under Subsection (a)of this section to the county or counties inwhich the court has jurisdiction foruse inadministerinq the probation laws. In instances where a district court has jurisdiction in two ormore counties, the court shall distribute the 

### feesreceived to the counties inproportion to population . . -" (Emphasis added.)
Section 10 ofArticle 42.12 provides, in part, a6 follows:
"For the Purpose of urovidino adeauate Drobation services, the district judge ordistrict judges having original jurisdiction of criminal actions in the county or counties, if applicable, are authorized, with the advice and consent of the commissioners court as hereinafter provided, to employ and designate **the ‘** **,** titles and fix the salaries of probation officers, and **such** administrative, supervisory, stenographic, clerical, and other personnel asmay be necessary to conduct prey sentence investigations, supervise and rehabilitate probationers, and enforce the terms and conditions of'. probation. Only those persons who have successfuly completed education in an accredited college **or** university and twoyears full time paid employment inresponsible probation or correctional work with juveniles or adults, social welfare work, teaching or personnel work; or persons whopare licensed attorneys with experience in.criminal law; or persons who are serving in such capacities at the time of the passage of this Article e . .shall be eligible for appointments as probation officers y . .

"Wheremore than one probation officer is required, the judge or judges shall appoint a chief adult probation officer or director, who,

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‘

..Hon. William B.nobley, Jr,, page 3 (M-784)

with their approval, shall appoint a sufficient number of assistants and other employees to carry on the professional, clerical, and other work of the court. , * a 0 9 "Probation officers shallbe furnished transportation, or alternat&aly, shall be entitled.to an automobile allowance for use of personal automobile on official business, under the **same**term8 and conditions a8 isprovided for eheriffs. I, he salaries of oerswel. and other B essential to the adequate sunervision of orobationers, shall be wid from the funds of the countv 0 e .In all the.instances of the employment of probation officers, the reeponsible judges e . .are authorized to accept grant8 or gifts from other political subdivisions of the atate or aesociations and foundation8, for the sole purnose of financins adeouate and effectfve.orobationarv rn-owams in the various parts of the statea For the purposes of this Act, themunicipalities of this state are specifically authorisedto*~grant~ .~ and alloca,tesuch sums ofmoney as their respective governing bodies may approve to their appropriate county governments for the support andmaintenance of.effective wobationarv Droarams o a O' (Emphasis added.)
We are of the opinion that the phrase “for use in administering the probation laws,,,a8 found in Subsection (b) of Section 6a, supra, must be liberally construed, and con6Ldered inconneckion with .thepurpose of theAdult Probation and Parof Law, .'-t.he maintAnani?e,Cfeff%ctive probationary program6 (cf. ?%e **underscored** portions 

### ofSection 10, supra).

. Accordingly, you are advised that it is the opinion of this office that fees permit,ted'LObe collected pursuant to Article 42,>12(6a),Texas Code ofCriminal Procedtire,**may**be distributed far the ,followingpurposei, inter alias salaries -.- II of probation officers, sec:ret.ar,ies and other office personnel:
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Hon. William B.Mobley, Jr., page 4 (M-784)

probation office expenses: auto travel allowances for probation officers: and bona fide educational trainilig,expenersforpro-~ bation officers (including registration fees,,travel, and subsistence expenses while attending seminars or taking academic training at colleges oruniversities 

### orother appropriate institutions which sponsor coUrse6 of study or'training relevant to the education and training of probation officers). The foregoing 

### purposesare authorized byd~and within the scope of, the Adult Probation and Parole Law. ,

In regard toyour second and third questions, we are unable to find any statutory authorization for a court or probation department's establishing a "special trust account" in which Such feeswould be deposited.

Subsection (b)of Section 6a, supra, expressly states that, "TheCourt Shall distribute the fees received . . .to the countv foruse in administering the probation laws" (Empha,s~s'added.). Inview of this statutory mandate, we are of the opinion that such feesmust be deposited 

### bythe.county ina special trust fund or in the general fund **earmarked for**  the **btatutory** pUrpO6eS subject tobeing disbursed therefrom in the **same**manner as other county funds, for the purposes set forth hereinabove.

SUMMARY

(1)Fee6 permitted tobe collected pursUant toArticle 42.12(6a), Texas Code of Criminal Procedure, **may**be distributed for the following purposes0 inter aus salaries of probation officers, secretaries, and other office personnel, probation office expenses; auto travel allowance6 forprobation officers, andbona fide educational training expenses for probation officers (including registra- .tionfees, travel, and subsistence exgensee while attending seminars or taking academic training at colleges or‘universities or other appropriate institutions which sponsor courses of study or.~:;training relevant to the education and training ofiprobation officers). ,.:

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..~

. .~ ". I . ..-. .~:'.,..‘. * . :.. ,,.....Ron. William B.Mobley, Jr., page 5 (M-784)

._ (21Upon the receipt of such feesby a court; it shall distribute such fees to the county: such fees may be thereafter disbursed in the samemanner as other county funds for the purposes set forth in. item (lj,su,pra.

General of Texas Prepared byAustin C. Bray, Jr. Assistant Attorney General
APPROVED: OPINION COMMITTBE
Kerns Taylor, Chairman W. E. Allen, Co-Chairman Bill Craig Larry Craddock Bob Lattimore Max Hamilton

MEADE F, GRIFFIN Staff LegalAssistant

ALFRBDWALKER Executive ASSistant
NOLAWHITE First ASSi6tank ,

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