A 

JIM MATTOX 

Attorney General 

Supreme Court Building 

P. 0. Box 12546 

Austin, TX. 76711. 2546 

512/475.2501 

Telex 9101674-1367 

Telecopier 51214750266 

1607 Main St., Suite 1400 

Dallas, TX. 75201.4709 

2141742-6944 

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El Paso. TX. 79905.2793 

9151533.3464 

.20 Dallas Ave., Suite 202 

Houston, TX. 77002-6966 

7131650.0666 

606 Broadway. Suite 312 

Lubbock, TX. 79401.3479 

606/747-5236 

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McAllen, TX. 76501-1665 

512l662.4547 

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San Antonio, TX. 76205-2797 

5121225-4191 

An Equal OpportunityI 

Affirmative Action Employer 

The Attorney General of Texas 

July 29, 1983 

Honorable Mike Driscoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

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.ys52fJ 

Opinion No. JM-51 

Re: Whether a constable may 

charge the Industrial Accident 

Board fees for serving subpoenas issued in connection 

with administrative hearings 

Dear Mr. Driscoll: 

You have requested our opinion as to whether a constable may 

"charge the Industrial Accident Board fees for serving subpoenas 

issued by the board in connection with its administrative hearings." 

The board or any member is authorized to subpoena witnesses, 

article 8307, section 4, V.T.C.S., and constables are empowered to 

"execute and return. . . all process, warrants and precepts" directed 

to them "by any lawful officer," article 6885, V.T.C.S. 

In Attorney General Opinion MN-209 (1980). this office held that 

sheriffs and constables are not entitled to receive fees from the 

Industrial Accident Board for serving subpoenas issued by the board. 

That opinion was based on article 3933a. V.T.C.S., which established a 

fee schedule for sheriffs and constables and provided, in pertinent 

part: 

For each person, corporation or legal entity on 

whom service of citation, subpoena, summons, or 

process not otherwise provided for, is performed 

or attempted and return made, including mileage, 

if any, a fee of: 

(a) Small Claims Courts $ 5.00 

(b) Justice Courts 8.00 

(c) All other Courts 10.00 

The opinion reasoned that, since it had been consistently held that an 

administrative agency is not a "court," and since statutes are 

strictly construed against allowing a fee by implication, a sheriff or 

constable was not entitled to a fee for serving subpoenas issued by 

the board. 

p. 216 
Honorable Mike Driscoll - Page 2 (JM-51) 

Article 3933a was repealed in 1981. Acts 1981, 67th Leg., ch. 

379, at 1001, §2(b). Article 3926a, V.T.C.S., now provides: 

(a) The commissioners court of each county may 

,set reasonable fees to be charged by the offices 

of sheriffs and constables. ..~. 

_~, _",~."': "' 

(b) A commissioners court may not set fees 

higher than is necessary to pay the expenses of 

providing the services. 

In view of the repeal of article 3933a and the enactment of article 

3926a to allow a commissioners court to set "reasonable fees. . . for 

services by the offices of sheriffs and constables," we must conclude 

that a Harris County constable is now entitled to charge the 

Industrial Accident Board fees for serving subpoenas issued by the 

board, provided the commissioners court of Harris County so 

authorizes. Attorney General Opinion MN-209 is overruled to the 

extent of conflict. 

SUMMARY 

Pursuant to article 3926a, V.T.C.S.. and the 

repeal of article 3933a. V.T.C.S., a Harris County 

constable is entitled to charge the Industrial 

Accident Board fees for serving subpoenas issued 

by the board, provided the commissioners court of 

Harris County so authorizes. 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by Rick Gilpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Acting Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Moellinger 

p. 217