AKlsTaN 111. TExaca 

WILL wILsoN 

Ax-rORNEY GE:NElG%E November 28, 1961 

Opinion No. WW-1201 

Mr. W. Gail Walley Re: Questions arising 

Acting Criminal District Attorney under the Uniform 

Jefferson County Reciprocal EnforceBeaumont, Texas ment.of.Support Act 

(Art. 2328b, Vernon's 

Dear Mr. Walley: Civil Statutes) 

You have requested an opinion from this office regarding the following questions. The questions and our 

opinions are set out below. 

"(1) Is the District Attorney comnelled by 

statute to act as petitioner's representative 

in any case where petitioner resides in his 

district;but where circumstances do not 

warrant the filing of a criminal charge of 

non-support? 

"(2) Is the District Attorney compelled b 

statute to act as petitioner's representat -3ve 

in any case where petitioner resides in his 

district, but where petitioner IS able to 

retain private counsel to file the reciprocal 

support action?" 

This office is unable to find any language in Article 

2328b of Vernon's Civil Statutes which compels the District 

Attorney to represent the petitioner when the petitioner 

resides in his district. Where circumstances do not warrant 

the filing of a criminal charge under Section.11 of the 

Uniform Reciprocal Enforcement of Support Act, the action 

is civil in nature and the District Attorney is not compelled 

to represent the petitioner. (See Attorney General's Opinion 

v-1409). 

"(3) Section 8 of the Act provides 'Where the 

action is broughtby or through the State or 

an agency thereof, there shall be no filing 

fee. It has been brought to the attention 

of this office that at least one District Attorney 

in this state refuses to file a reciprocal action 

without prepayment of filing fee,regardless of 

the circumstances of the petitioner, on the 

grounds that the District Clerk has the right, 

and exercises the right, to challenge any and all 
Mr. w. G. Walley, page 2 (WW-1201) 

pauper's oaths. Does the District Clerk 

have the right to demand or challenge a 

pauper's oath in any reciprocal case filed 

through the office of the District Attorney?" 

Section 8 of Article 2328b-3 is as follows: 

Vhenever the State or a political subdivision 

thereof has furnished support to an obligee it 

shall have the same right to invoke the provisions hereof as the obligee to whom\the 

support was furnished for the purpose of securing reimbursement of expenditures so made. 

"When the Petition is filed in the District 

Court of this State, it shall be accompanied 

by a filing fee or a pauper's affidavit which 

the Court may in its discretion accept in. 

lieu of the filing fee; provided, however, that 

the Court of this State, acting either as an 

initiating or responding State, may in its 

discretion, direct that any part of or all 

of the fees or costs incurred in this State 

shall be paid by the county. Where the action 

is brought by or through the State or an 

agency thereof, there ,shall be~no filing fees;" 

;s2amended Acts 1953, 53rd Leg., p.907, ch. 374, 

. 

It is the opinion of this office in the event the 

action is brought by or through the State or an agency thereof 

that there shall be no filing fee, as provided in Section 8, 

Article 2328b. If an action is filed by an individual, it is 

within the discretion of the judge of the court to,,accept the 

pauper's affidavit in lieu of the filing fee. The court may, 

in its discretion, direct that any part of or all the fees 

or costs incurred in this State shall be paid by the county. 

“(4) Does the Criminal~District Court of 

Jefferson County, Texas, have jurisdiction in 

cases filed under the provisions of the 

Uniform Reciprocal Enforcement of Support 

Act?" 

Article 52-160a confers jurisdiction upon the Criminal 

District Court of Jefferson County in civil suits, causes, and 

matters involving: 

"(1) Divorce, 88 provided in Chapter 4, 

Title 75, of the Revised Civil Statutes of 

Texas of 1925, and any amendments thereof, 

heretofore or hereafter made thereto; 
. . 

Mr. W. G. Walley, page 3, (WW-1201) 

"(2) Dependent and delinquent children, 

as provided in Title 43, Revised Civil 

Statutes of Texas of 1925, and any amendments thereof, heretofore or hereafter made 

thereto;" 

The above mentioned Title 43 and 75 are the provision8 covering all matters of divorce and dependent and 

delinquent children. It la the opinion of this office that 

52-16Oa gives jurisdiction to the Criminal District Court 

of Jefferson County to act on cases filed under the provisions of the Uniform Reciprocal Enforcement and Support 

Act. 

Your letter further states: 

"As a result of the decisiou in Freeland vs. 

Freeland, 313.SW2d 943 (Tex. Civ.App.1958, no 

writ history), certain questions have arisen 

as to the jurisdiction of the district court 

and the duties of the district attorney as 

petitioner's representative where petitioner 

no longer resides in the district where the 

divorce and support award were granted. These 

questions are as follows: 

"(5) Must a petitioner return to the county 

where divorce and support award were granted 

to file for support under the uniform support 

act? Or may petitioner file in any district 

court where such petitioner and children for 

.nhom support was awarded currently reside? 

"(6) If the answer to question number five (5) 

is that only the district court where divorbe 

and support were awarded has jurisdiction~as 

petitioning court, is the District Attorney in 

the district where the divorce ,and support 

were awarded comnelled & statute to represent 

a petitioner who is not a resident of his 

district in the following circumstances: 

"(a) Where facts justify the filing of a 

criminal non-support charge in the county 

where the divorce was granted? 

l*(b) Where facts do not justify the filing 

of a criminal non-support charge in the county 

where the divorce was granted? 

"(c) Where the non-resident petitioner is 

able to employ private counsel to file the 

support action?" 
. 

Mr. W. G. Walley, page 4, (WW-1201) 

In answer to your question number.5 we refer you. 

to Attorney General's Opinion No. WW-784. This opinion, 

which we reaffirm, holds that the petitioner must return 

to the court where divorce and support award were.granted 

to file for support under the Uniform Support Act. The 

court which granted the original divorce and support award 

has the sole jurisdiction to enforce its decrees, Therefore, 

a criminal charge under the reciprocal support act must be 

filed in that court; However, a criminal charge undoer 

Articles 602, 602-A, and 603, V.P.C. must be filed in the 

county where the abandonment occurred or in the county 

where the wife or child resided forsix months next preceeding the filing of the indictment or information. 

In reference to your question number 6 Article 25 

Code of Criminal Procedure, this reads as follows: 

"Each district attorney shall represent the 

State in all criminal cases in the district 

courts of his district, except in cases where 

he has been, before his election, em loyed 

adversely. When any.criminal procee % ing is 

had before an examining court in his-district 

or before a judge upon habeas corpus, and he 

is not notified of the samsand : 'IS' ~' at the 

time within.the county where such proceedingis had, he shall represent the State therein, 

unless prevented by other official duties." 

The duty of the District Attorney to file a criminal 

non-support eharge is the same as his duty to file any other 

criminal charge called to his attention. 

We answer your questions number 6(b) and 6(c) in the 

negative because such proceedings are ~1~11 in nature. 

SUMMARY 

A district attorney is not compelled by statute 

to act as Petitioner's representative in a civil 

action under the Uniform Reciprocal Enforcement 

of Support Act. The District Judge and not the 

District Clerk has the discretion to accept a 

pauper's affidavit in lieu of a filing,fee, but 

the District Clerk may challenge the oath.~~ The 

Criminal District Court of Jefferson County has 

jurisdiction over ,cases filed under the provisions of the Uniform Reciprocal Enforcement of 

Support Act. A Petitioner must return to the 

County where his divorce was granted to file 

for support under the Uniform Reciprocal Enforcement 
Mr. W. G. Walley, page 5, (w-1201) 

of Support Act. The duty of the District Attorney 

to file a criminal non-support charge under the 

Uniform Reciprocal Enforcement of Support Act 

is the same as his duty to file any other criminal 

charge called to his attention. 

Yours very truly, 

WILL WILSON 

B $uLuLJ. T. Walker 

Assistant Attorney General 

JTW:bjh 

APPROVED: 

OPINION COMMITTEE: 

W. V. Geppert, Chairman 

Gordon Cass 

Jack Price 

Norman Suares 

Riley Eugene Fletcher 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Houghton Brownlee, Jr.