,+wrm 11.TEXAS February 6, 1939

Hon. Fred Norris, County Auditor **LiViUg8tOU, Texa8**  Dear Sir: opin1otlNO. o-147

, Half C,O8tpaId officer8

Your requeet for an opinioa on the following qUe8tiOn8:
"Are fee offlcer8 entitled to 'one-halfof their fees, where there.18 no evidence,of a'convict having worked, even Ifhe va8 committed to theworkhotie,? 18 It pO88lble for a Commlsf+loaer8~Court to create a workhouse with those restrictions?" ha8 been received by this Offide.

Thllsdepartment rendered an .oprnion on Januaryll, 1939 construing Article 1055 Co'deof Criminal .Frocedure,holding.ln effect that Chapter'488 of theGeneral and Special Law8 of theFortg- ,Fifth.Legislature, same being House Bill No. 127,of theRegular Session',is void, being in ~ODtrOVeDtiOD of SectiOn 35, Article 3 of the **COn8titUtiOn** and thatArticle 1055..Codeof Criminal Procedure, 1925, not having been repealed, and theamendatory act' being unconstltntlonal apd entirely void'18 atill the law and all fee officer8 are subject to its provisions.

Article 1055 Code of Criminal Procedure, 1925, read8 a8 follow: "The county shall.be liable to each officer and witness having costs in amisdemeanor case 

### for onlyone-halfthereofwherethedefendabt has satisfied the 

### fineand CO8t8 

### adjudgedagainat 

### him Infull by labor In the workhouse, on the county ""' ~'~ 

### farm, on thepublic rOad8~'orupon any public work8 of 

### thecounty;and to pay 8Uch half of such legal CO8t8 88 m8y have been so taxed, not including cornmissions, the county j~udgeah811 i88Ue hi8 warrant upon the county treasurer in favor of theproper party, and the 8ame 8h8ll be paid out of ~the,road and bridge fund or other fund8 not otherwise appropriated."Bon. Fred Norris, Page 2,No. O-147 Article 794 Code of Criminal Procedure, provide8 in effect; where the punishment assessed In a conviction formisdemeanor is confinement in jail for more than one day, or where in such convlct:on the punishment Is assessed only at a pecuniary fine and the party so convicted Is unable topay the fine and costs~adjudged against him, those so convicted shall berequired todo manual labor in accordance with the provisions of said act and under the rules and regulations set forth in said article.

Sections 

### 1,2,5,6,8,9, and 10 ofArticle 794 Code of Crlminal Procedure, reads a8 follows:

"1. Each commissioners' courtmay provide for the erection of aworkhouse and the eatabllshment of

### a county farm in connection therewith for thepurpose ofutilizing the labor of said parties 80 convicted. 2. Such farm8 and workhouses shall be'under the control and management of the commlssioners~ court, and said courtmay adopt 8UCh rules and regulations not Inconsistent with the laws as they deem necessary for the successful,management and operation of said institutions and for effectively utlllzl,ngsaid labor. 5. They shall be,put to labor upon the public roads, abridgesor other'public.works of the county when their labor cannot be utl~lleed~ in the county workhouse or county farm-~ 6. They shall be required to labor not less than eight nor more than ten hours each day, Sundays excepted. No person shall ever be required towork for more than oneyear. 8. When not at labor theymay be confined in jail or theworkhouse, a8may be moat .conveoient, or a8 the regulations of the Commissioners' Court may prescribe. 9.A female shall in no casebe required to domanual labor except in the workhouse. 10. One who from age, disease, or other physical ormental disability is unable todo manual labor shall not be required towork, but shall remain in jail Until hi8 term Of impri8OIXiIent is ended, oruntil the fine and cost8 adjudged against him are discharged according to law. His inability to domanual labormay be determined by ,aphysician appointed for that purpose by the county judge or the Commissioners' Court, who shall be paid for--

**aon. Yred**  Norris, L:r;ge

### 3, No. O-l&T such service such compensation as ssid court may allow."
In view of the foregoing statutes you are respectfully advised that it is the opinion of this department that the Commissioners' Court may adopt 8UC.hrule8 and regulations not inconsistent with the laW8, as they deem necessary for the successful management and operation of said institutlons,~and for effectively utilizing said labor, mentioned in Article 794 Code of Criminal Procedure, and that one who isphysically ormentally unable todomanual labor, shall not be required towork but shall remain In jail until hi8 term of imprisonment is ended or until the fine and costs adjudged against him are discharged according to law. His Inability todo manual labor may be determined by a physician appointed for that purpose by the County Judge or the Commlesioner8~ Court, and that unless a per8on convicted of amisdemeanor 18placed 113the WOr?ihOU8eor COUnty farm, ordoe8 8ome other public work as provlded in said statute, the officials would not be entitled to half of the cost In such case8 and that the Commisaloners Court has the right and authority tomake an order a8 mentioned in yOUr letter.

Trusting that the foregoing answer8 your $nquiry, we remain Yours very truly ATTORNYY GENERAL Cl?~TEXAS

AW:ob-RX By-/s/ A~ndellWilliam A88i8tant 4PPROVRD: /8/ Gerald C. !@nn ATTORNEY GENRRAL OF TEXAS