February 4, 197 1 

Hon. William 8. Mobley, Jr. 

Dietrict Attorney 

Opinion No. M- 784 

Nuecee County Cdurthouse 

Corpu8 Chriati, Texas 70401 

Dear Mr. Mobleyr 

Ret Purposes for which fees 

collected purmant to 

Article 42.12(6a), 

Texas Code of Criminal 

Procedure, may be wed, 

and related questiona. 

Your recent letter requesting the opinion of thir 

office concerning the referenced matter poses the'following 

questions: 

"I . What does ‘for use in administering 

the probation laws' mean with regard to ai8tribution of feee pureuant to Art. 42.12, 8ec. 6a, 

Texas Co&of Criminal Procedure? 

,... ,. 

"II. With regard to the collection and 

distribution of fees under the probation law, 

do such fees have to bs 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 the Adult Probation and 

Parole Saw, provide8 ai follower 

"(a) A court granting probation may fix a 

fee not exceeding $10 per month to be 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 in which the court has jurisdiction for use in administerinq the probation laws. 

In instances where a district court has jurisdiction 

in two or more counties, the court shall distribute 

the fees received to the counties in proportion to 

population . . -" (Emphasis added.) 

Section 10 of Article 42.12 provides, in part, a6 follows: 

"For the Purpose of urovidino adeauate Drobation services, the district judge or district 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 as may 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 two years full time paid employment 

in responsible probation or correctional work with 

juveniles or adults, social welfare work, teaching 

or personnel work; or persons whop are 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 . . 

"Where more 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 shall be 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 is provided 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 

state a For the purposes of this Act, the municipalities of this state are specifically authorisedto*~grant~ .~ 

and alloca,te such sums of money as their respective 

governing bodies may approve to their appropriate 

county governments for the support and maintenance 

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 in conneckion with .the purpose of the Adult Probation 

and Parof Law, .'-t.he maintAnani?e,Cf eff%ctive probationary 

program6 (cf. ?%e underscored portions of Section 10, supra). 

. Accordingly, you are advised that it is the opinion 

of this office that fees permit,ted 'LO be collected pursuant to 

Article 42,>12(6a), Texas Code of Criminal Procedtire, may be 

distributed far the ,following purposei, -.- inter II alias salaries 

of probation officers, sec:ret.ar,ies and other office personnel: 

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t 

Hon. William B. Mobley, Jr., page 4 (M-784) 

probation office expenses: auto travel allowances for probation 

officers: and bona fide educational trainilig,expeners for pro-~ 

bation officers (including registration fees,, travel, and subsistence expenses while attending seminars or taking academic 

training at colleges or universities or other appropriate institutions which sponsor coUrse6 of study or'training relevant 

to the education and training of probation officers). The foregoing purposes are authorized byd~and within the scope of, the 

Adult Probation and Parole Law. 

, 

In regard to your 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 fees would be deposited. 

Subsection (b) of Section 6a, supra, expressly states 

that, "The Court Shall distribute the fees received . . . to the 

countv for use in administering the probation laws" 

(Empha,s~s'added.). In view of this statutory mandate, we are 

of the opinion that such fees must be deposited by the.county 

in a special trust fund or in the general fund earmarked for 

the btatutory pUrpO6eS subject to being disbursed therefrom in 

the same manner as other county funds, for the purposes set 

forth hereinabove. 

SUMMARY 

(1) Fee6 permitted to be collected pursUant 

to Article 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 for probation officers, and bona fide educational training 

expenses for probation officers (including registra- 

.tion fees, 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 ofi probation officers). ,.: 

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..~ 

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

._ 

(21 Upon the receipt of such fees by a court; 

it shall distribute such fees to the county: such 

fees may be thereafter disbursed in the same manner 

as other county funds for the purposes set forth in. 

item (lj, su,pra. 

General of Texas 

Prepared by Austin 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 Legal Assistant 

ALFRBDWALKER 

Executive ASSistant 

NOLA WHITE 

First ASSi6tank 

, 

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