,+wrm 11. TEXAS 

February 6, 1939 

Hon. Fred Norris, County Auditor 

LiViUg8tOU, Texa8 

Dear Sir: opin1otl NO. o-147 

, Half C,O8t paId officer8 

Your requeet for an opinioa on the following qUe8tiOn8: 

"Are fee offlcer8 entitled to 'one-half of 

their fees, where there.18 no evidence,of a'convict having worked, even If he va8 committed to 

the workhotie,? 

18 It pO88lble for a Commlsf+loaer8~ Court 

to create a workhouse with those restrictions?" 

ha8 been received by this Offide. 

Thlls department rendered an .oprnion on Januaryll, 1939 

construing Article 1055 Co'de of Criminal .Frocedure, holding.ln effect that Chapter'488 of the General and Special Law8 of the Fortg- 

,Fifth.Legislature, same being House Bill No. 127, of the Regular 

Session', is void, being in ~ODtrOVeDtiOD of SectiOn 35, Article 3 

of the COn8titUtiOn and that Article 1055..Code of Criminal Procedure, 1925, not having been repealed, and the amendatory act' 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 a misdemeanor case 

for only one-half thereof where the defendabt 

has satisfied the fine and CO8t8 adjudged againat 

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

farm, on the public rOad8~'or upon any public work8 

of the county; and to pay 8Uch half of such legal 

CO8t8 88 m8y have been so taxed, not including cornmissions, the county j~udge ah811 i88Ue hi8 warrant 

upon the county treasurer in favor of the proper 

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 for misdemeanor 

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 to pay the fine and costs ~adjudged 

against him, those so convicted shall berequired to do 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 of Article 794 Code of Crlminal Procedure, reads a8 follows: 

"1. Each commissioners' court may provide 

for the erection of a workhouse and the eatabllshment of a county farm in connection therewith for the purpose of utilizing 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 court may 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,ng said labor. 

5. They shall be,put to labor upon the public roads, abridges or 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 

to work for more than one year. 

8. When not at labor they may be confined in 

jail or the workhouse, a8 may be moat .conveoient, 

or a8 the regulations of the Commissioners' Court 

may prescribe. 

9. A female shall in no case be required to 

do manual labor except in the workhouse. 

10. One who from age, disease, or other physical or mental disability is unable to do manual 

labor shall not be required to work, but shall remain in jail Until hi8 term Of impri8OIXiIent is 

ended, or until the fine and cost8 adjudged against 

him are discharged according to law. His inability 

to do manual labor may be determined by ,a physician 

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.h rule8 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 is physically or mentally unable to do manual labor, 

shall not be required to work 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 to do 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 a misdemeanor 18 placed 113 the WOr?ihOU8e or COUnty 

farm, or doe8 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 to make 

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~ndell William 

A88i8tant 

4PPROVRD: 

/8/ Gerald C. !@nn 

ATTORNEY GENRRAL OF TEXAS