R-74 

THE 

TEXAS 

AUSTIN na. TEXAS 

Hon. W. A. Morri 8011 

County Attorney 

Milam County 

Cameron, Texas 

Op5.nion No. V-83 

Re: Mileage ieea due oonstable within the meaning 

Dear Mr. Morrison: 

of Artiole 1065, C.C.P. 

Your request for an opinion or this Department r8aatti l II ffoii0~~: 

Wilam County maintains no suitable 

lock-up in one of its precincts removed 

from the county seat. The constable of 

this precinct frequently arrests intoxicated persons obviously in no conilitfon 

to pleaa to a charge before a magistrate, 

and conveys them to the county deat‘for 

incarceration overnight in the Jail. 

“The following morning the conatable returns to the county seat and returns 

his prisoners to the magistrate nearest 

their plaoe or arrest for pleading, as required by law. Upon oonviction, those who 

are unable to pay the fine are re-transported back to the oounty seat for confinement. 

“Sec. 4, Art, 1029, provides in pa&, 

as r0u0w8: *For removing or' conveying 

prisone,rs, for raoh nils going and coming 

. . . traveling otherwise than by railroad 

fourteen cent a. t 

*Q,uestfon: Is the constable entitled 

to 14# per mile for each OS the three possible trips outlined aboveV 

We are inrormsd that the county officers of 

Milam County are on a salary basis and that precinct officers are compensated on a fee basis. 
Hon. W. A. Morrisoa - Page 2 (V-83) 

Inasmuch as this Department, in Opinion No. 

__ O-2341, dated Uay 20, 1940, ralea mat a cohatable may 

not arrest, without a warrant, for the offense of being 

drunk in a publio place, your request must be predltid 

oa the assumptloh that the officer in question was in 

possession or a valid warrant of arrest. 

The rees a11euea pea00 srtlcers in nisaeeeanor oases are set rorth in Artisle 1065, C.C.P. Se&Ion 

9 thereor provides as follows: 

“For emaveying a prisoner attor oonviotiea to the county jail, for each ai10 

goiag and coming, by the nearest praatioal 

mute by private oonveym~e, ten aents a 

fsie6r by railway seven and one-half oents 

.” 

Sectioa 11 thereor provides aa follows: 

’ “For eaeh tile he may be coapelled to 

tram1 in executing criminal process ana 

muemoaing or attaching witness, seven md 

oae-half oeats. For traveling in the se+’ 

vioe of prooess not otherwise provided ror, 

the sum of seven ana cm-half cents for each 

mile goihg and returning. If .two or more 

peieens are mentioned in the same writ, or 

two or more writs in the same case, he shall 

oharge otiy for the distance actually and 

heeersarily traveled ia the aame.e 

Therefore, it is the opinioa of this Department that prior to convictioa, the constable would be 

entftled to seven and one-half cent8 per mile ror conveyisg the prisoner in qUe8tioh to the county eaat of Milan 

County or vice versa. Of course, if he baa ho warrant 

for the arrest of the prisoner, he is not entitled to any 

fee for conveying the prisoner to jail or for returning 

him to the Court for trial or making bond. After convletloa, the conetable weuld be entitled to tan cents per 

mile when traveling by private conveyanoe and seven and 

one-half centn per ml.10 when traveling by rail from the 

justlee preolart to the county jail l f the county seat. 

Im opiaiea’ No. 919, aatea July 13, 1939 the 

8ame sub joot matter was ais0us80a, a copy of which is 

herewith l nalosed for your information. 
Hon. Vf. A. MorTison - Page 3 (v-85) 

1. A constable of a justice precinct 

in which there is no suitable lock-up, who, 

having in hiss possession a valid warrant, 

arrests an accused on a charge of drunkenness in a public place, and who, because OS 

drunkenness is removed to the county jail 

until he becomes sober and is then,conveyed 

back to the Court in which charged, is entitled, upon final conviotlon, to seven and 

one-half (7&) cents per mile for each ml18 

golag~ and coming by the nearest praotioal 

route, for conveying the prisoner to jail 

and returning him to Court. Section 11, A.+ 

tic18 1065, C.C.P. 

2. For conveying the prisoner to jail, 

after conviction, the constable is entitled 

to ten (log) cents per mile going and coming 

if he travels b private conveyance, or seven 

and one-half (7 #) cents per mile if he trav- i 

81s by public conveyance. Section 9, Article 

1065, C.C.P* 

3. IS compensated on a salary basis, 

Sees earned by a constable for travel must be 

aeposltea in the Officers1 Salary Fund of 

said county. IS colnpensated on a See baais, 

such Sees may be retained, but must be aocounted for in conformity with law. 

Yours very truly 

ATTORNFIY GEWRAL OF TEXAS 

Burnell Waldrep 

riw:a jm:wb Assistant 

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