OFFKE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN 

Eonorabls I-:. P:. Beaslep 

county Auditor 

Collin Cocuty 

1:cKinaey, Texas 

Dear Sir: 

ts asmxoa agninst 

.OO. He mkes 

nbout <O.OO addiplan &I fine ena 

urity farm. Of 

the def andant 

for a pc?riOd Of 

c.t:ostions x wish you v~0llia ans~m for 

GLQ are these: 

“1. 1s a cz~:+iag :rof!ne the pro;xlr jzocedure to follw~ uncier these Swt3 to commit the 

defendant io the county farm? 

~2, ::hould the dcfe:vltint be civaz credit 

ror tho aaolwt he has p3ia on h:a Eke utia costs 
Honorable R. E. Beasley, page 2 

by subtracting this amount or its equivalent 

from the statutory ten day period3 

"3. Should he be required to serve a total 

of ten days regardless of hou much money he had 

paid on his fine and cost? 

"4. Should the amount of money that he had 

paid before the oaplae pro Pihe was issued be 

returned to him and then the defendant be required to serve out the entire fine and costs on the 

county farm? 

"5. Is the arresting officer entitled to. 

hls fee in full from the part of money which 

had been paid or should he be entltled.to only 

one half of his fees, or should he be entitled 

to a pro rata part of his fees in full in proportion that the amount of money paid bears to 

the total fine and cost? 

"6. Assuming the dePendant's fine and cost 

to be $15.00 ha Is entitled to a credit of $3.00 

Par each day that he servts at the county farm. 

Assuming that he goes to the county rarm and 

serves five days'and then wants to pay the balance in cash and be releti:;sd fro5 the farm, just 

what amount should he be required to pay in oash 

in order to be released:;= 

Article 787, Code of Criminal Proaedure or Texas, 

reads as Pollowa: 

When a judgment has been rendered against 

a defendant for a pecuniary Pine, if he is present, he shall be lnprisoned in jail until dlscharged as provided by law. A certified copy 

of such judgment shall be sufficient to authorize such impriaonment.w 

Anlcle 788, Code of Criminal FroOedure of Texas, 

reads as Pollows: 

Vhen a pcouniary fine has been adjudged 

against a defendant not present, a capias shall 

forthwith be insued for his arrest. The sherlff 

shall execute the same by placing,the defendant 

in jail.n 
lionorable E. 1;. Beasley, Fage 3 

Article 7C9, Code fo Criminal Procedure of Texas, 

reads as follows: 

"';-here such copies issues, it shall state 

the rendition-and amount of thb ju?gaefit and 

the amount unp.aid thereon, and co.%.and the sherlff to take the defenciant and place him in jail 

until the mount due upon such jud,qXnt and the 

further costs of collectin the s&2:8 are paid, 

or until the defendant is oth8Wise legally ahcharged." 

Article 792, Code of Criminal 7rocedure of Texas, 

reads as follows: 

'_ ‘Wion a defennant has beez conmitted to 

jail in default of the fine and costs adjudged 

against him, the further enforcement of such 

judgment shall be in accordance with the provisions of this Code." 

Article 793, Code of Criminal procedure of Texas, 

reads as follows: 

When a 48fendant in convicted OP a mlsdemeanor and his punishment is assessed at a pecuniary fine, if he is unabl.3 ~to pay the fine and 

coats adjudged against tim, he may for such time 

as will satisfy the jufigment be put to won; in 

the workhouse, or on the cqunty Parm, or public 

improve-eilents oP the county, as providnd in the 

succeeding article, or if there be no such workhouse, Pam or improvements, he shall be lmprisoned in jail for a sufficient length of time to eischarge the Pull arount of fine and costs adjudgcb 

against him; raticg such labor or ImprisonMnt at 

Three Collars ($5) for each day t!iersOf; . . . ." 

Article 920, Code of Criminal Procedure,of Texas, 

reads as follows: 

“A d8fenciant placed in jail on account of 

failure to pay t.he fine and costs cau be cilschart;ed on habeas corpus by shor:lng: 

"1. That he in too poor to pay the fine 

and costs, and 
Honorable R. E. Beasley, Rage 4 

"2. That he has remained in jail a sufticient lon@h of time to satisfy the fine ami 

costs, at the rate of three, dollars for each 

day. 

"But the'defenaant shall, in no case undar 

this article, be discharged until he has been 

imprisoned at least ten days; and 3 justice of 

the peace may disCharg8 the defendant upon his 

shoviing the same cause, by applioation to such 

justice; and when such application is granted, 

the justioe shall note the same on his docket." 

Article 1055, Code of Criminal procedure of Texas, 

reads as iollows: 

"The county shall not-be liable to the officer and vitness.having aosts in a misdemeanor 

case where defendant pays his fine and costs. 

The county shall be liable for one-half of the 

rees ot the officers oP.the Court, when the defendant Pails to pay his fine and lays hia fine 

out in the county jail or discharges the same 

by means of viorking such fine out on the county 

roads or on any county project. hnd to py such 

half of costs, the County Clerk shall issue his 

warrant on the County Treasurer in favor of such 

officer to be paid out oi the Road and Bridge 

.Funa or other funds not otherwise appropriated.* 

The court of Criminal Appeals of Texas has derinitely recognized that prisoners should be given credit 

on their tines and costs for service in jail or in the 

workhouse or other public Works. The court nlno definitely recognized the right of a convict to serve part of his 

time in jail and psy the balance in cash. See the case of 

Ex Part8 Rill, 15 J. Iu. (Zd) 14 (T8XaS Court or Criminal 

Appeals). 

The Court of Criminal Appeals of Texas has reCOgniZ8d a distinction between the Credit to be allowed 

for service in jail under Article 793 and Article 920 of 

the Code of Criminal Procedure. Article 703, cup-a, applies to the satisfaction of JudFsents in misdemeanor 

c3ses in courts other than Juaticc courts. Article 920, 

supra, applies alOn8 to convictions before jUStiCeS of 

the peace. 28e Rx Part9 Farcundez (Toxas Court of Criminal Appeals), 57 C. ;'I. (2d) 578 nnd Rx I'arte !IcI.aur,hlin 

(Texas Court of Criminal Appeols), 60 S. X, (Zd) 786. 
IIonorable Ii. E. Besslcy, Page 5 

?Y8 quote from opinion O-441 of this department 

ES r0iiom : 

"It is the opinion of thin department that 

$3 . 00 per day is the proper rate for allowance 

or credit to be given prisoners who have beon 

convicted of misdemeanors for serving time in 

jail, or for working out their fines as provid8d by law. . . . It is the further opinion of 

this depsrt&ent that Article 920 of the Code of 

Criminal Frooedure of Texas applies only to Convictions obtnined in justice courts but the same 

is mandatory as applied to justice courts. For 

example, A, B and C are all convicted in justice 

courts for misdemeanor. h’s fine and costs amount 

to $15,00; 5's fine and costs amount to z30.00 

and C'S fine and coats ano.unt to $45.00. Under 

Article 920 Or the Cod8 of Criminal Procedure of 

TBXaS, although said article allov;s $3.00 per 

day for jail service, said article further provides a nininum of ten days inqrisonriient. A must 

serve the minimum of ten days. B's fine and . 

costs amount to $36.00 vihich divided by $3.00 

would make ten days. C's fine and costs ariount 

to ;!45.00; he is allowed $3.00 per day; he must 

serve 15 days.n 

!I'e quote frofi opinion MO. O-1015 Of this department, rendered September e, 193S, as follows: 

*It is therefore, our opinion that a prisoner convicted in the justice court, when his 

total fine and costs is a sum Under @O.CO should 

receive credit for only one-tenth of the total 

amount for each day he serves. To illustrate, 

and carry Err. '9 example rurtt!1er, A, 

whOs8 fine and costs amount to $l5.00 should receive credit for $1.50 for 8ECh day served in 

custody; should he elect to pay the balance of, 

his obligation in cash after five days in jail, 

he should be required to pay Y7.50 in cash." 

Opinion :;o. O-1578 of this Department holds that 

a constable is entitled under nrticle 1.055, Cod8 of Criminal 

Yrocedure of Texas, to balf COSts on that part Of the time 

a defoUdant rczains in jail or works for the county when he 

so dischnr,:es part of the fine ond costs and paps ofl' a part, 

and that the s&s shall be properly prorated. 
Honorable I!. 3. Beasley, Page 6 

Opinions Iios. O-469 and O-765 of this department hold th.at where only a part of the fine anti costs 

are collected, that the nioney colleoted should go first 

to the payDent of the costs and the balance, if any, to 

the amount of the fine and that where thero is not enough 

collect& to pay all ol the costs, the Eoney should be 

prorated and that in such a case one officer haa no priority over another. x’e quote from opinion X0. O-755 ak 

follows: - 

*In view of the trial fee above provided, 

being a part of the costs, and by reason that 

the justice of the peace is paid by the county, 

It is our opinion that the $9.50 in question 

should be prorated on tho basis of 35.00 to 

the county attorney; $5.50 to the constable and 

$4.00 to the county, which figures approxlnately sixty-four and a fraction aents on the dollar. The county would get its pro rata part of 

the payment .**. 

Opinions Kos. O-469 and 755, supra, cite Article 

949 cf:the’-Code of Crirainal Prooeclure of Texas, ahlch reads 

as f cllovis:~~ 

Qoney collected by an otficer open reoognlzance, bail baud8 and other obligations reoovered under auy provisions of this code, and all 

fines, forfeitures, judgments and jury tees, oollected under any provisions of this code, shall 

forthwith be paid over by the officers collecting the aame to the county treasurer of the proper county after first deducting therefrom the 

legal fees and consissions for collecting sasLe.w 

7UnderscorLng ours) 

You are, therefore, respectfully advise& as follows : > 

1. Your first quention is answered in the affirmative. 

2. Your second question is answered in the affirrzative. 

3. Your thlzd question In answered in the negative. 

4. Your fourth question is answered in the negatire. In your particular Latter the total of dofendantls 
Konorable k. E. Beasley, Page 7 

fine and costs, includin(r. the costs of the cuGias pro fine 

and mileage to the county fara, is :!z23.00. The defendant 

should be allovted $2.30 credit on his fine and costs for 

each day he serves on the county fern. in this case. 

5. In answer to your fifth question, it is the 

opinion of this department that vrhere only a part of the 

fine and costs ase aollected, that the money collected 

should go first to the payment of the costs and the baL 

ante, if any, to the ariount of the fine, and that where 

there is not enough coll.ectcd to pay all the coots, the 

rboney collected should be prorated betu:een the arresting 

officer, the county attorney and the county, That no officer has priority over another in such E;atter. For exa.%ple, if the fine end costs a&ouat to $23.00; as in your 

case; the fee of t.ha county attorney amounts to $5.00; 

the fee of the constable amounts to $13.00 end the trial 

fee amounts to $4.00; if tho defendant paid S6.00 in cash 

and the balance is worked out on the county farm the arrostin6 officer would be entitled to $3.55 of the cash payz.ent, 

the county attorney.vJould be entitled to $1.36 of the cash 

payment and the county (as its portion of i.he trial fee) 

would be entitled to receive $1.09 of the cash paykent. 

The a::resting officer and the county attorney v*ould also 

be entitled to receive payment from tbe county uuder Article itJ55, Code of Criminal Procedure of Texas, one half of 

the t-lance of their fees for the time the defendant worked. oul the balance of his fine and costs. Under the emmple quoted above the arresting officer would be entitled 

to receive from the county the sum of $4.72; the county 

attorney :ould be entitled to receive from the cbunty the 

sum of $1.22. The total sum received by the arresting officer from both sources would be $3.27; the total susa received by the county attorney from both sources would be 

G3.18. 

C. The amount due under your sixth question would 

be $7.50. 

Trusting that this satisfectorily answers your 

inquiry and with best regards, we are 

Very truly yours