Honorable Albert E. Searcy Opinion NO. c-596 

County Attorney 

Klmble County 

Junction, Texas 

Re: The disposition of 

fines and Court costs 

for arrests and convlctions in County Courts 

by game wardens under 

Article 1377b, Vernon's 

Penal Code. 

Dear Mr. Searcy: 

You have reoentlg requested an opinion of this office 

regarding the dlspoaltlon of finea and costa of court in 

County Courts under Article 1377b, Vernon's Penal Code. You 

have particularly inquired about the disposition to be made 

when the arrest has been made by a game warden. You have 

stated that, in your opinion , when the arrest has been made 

by a game warden, that.he should be paid a $2.00 arrest fee 

which would be paid a8 a part of the cost assessed incident 

to any~fine paid and that such fee should then be remitted 

by him to the Parks and Wildlife Department. You etate 

further that lOO$ of the fine should be remitted to the 

County and all other cost8 should be paid to the Officers' 

Salary Fund of the County. 

You further state in your request that you raised the 

question because of the fact that under the provisions of 

Article 1377, Vernon's Penal Code, and Attorney Qeneral's 

Opinion No. V-1022, which in part interpreted Article 1377, 

the Game and Fish Department (presently the Parks and Wildlife Department) was due 100% of fines assessed under similar 

conditions presently expressed in Article 1377b. Likewise, 

you assumed the $2.00 arrest fee to be payable to the game 

warden who made the arrest and that he should remit same to 

the Parke and WlldSife. Department. 

Article 1377 was repealed in 1959 by what la now 

Article 1377b. The pertinent provision of Article 1377, V. 

P.C., involved in the question you present was the last paragraph of Section 2. This paragraph reads: 

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Honorable Albert E. Searcy, page 2 (c-596) 

"Provided that all fines colleoted under 

provlalons of this Act aaseased on the arrest of any state game warden shall be paid 

Into the epeolal game fund of the State of 

Texas. " 

When Article 1377, V.P.C., was repealed and the offense In general re-enacted as Article 1377b, V.P.C., the 

aforequoted proviao wa8 deleted from the SUbSequent Act. Section 4 of Article 1377b still provides that violators thereunder will be subject to arrest by any game warden. However, 

no provision le.made for paying fines assessed under the Act 

to the special game fund of the State of Texas If arrests 

are made by game wardena. 

Now, under the provisions of Article 53.01, Code of 

Criminal Procedure, 1966, the sheriff or other peace officer 

performing the eervicee of the sheriff in misdemeanor case8 

are allowed a fee of $3.00 for making an arrest with or wlthout warrant. Article 905> Vernon'8 Penal Code,, provides that 

game wardens shall have the same authority as sheriffs and 

other peace officer8 when making arrests and serving process 

concerning various game law violationa. Article 53.02, Code 

of Criminal Procedure, 1966, provides that constablea, marahals or other peaoe officers who execute process and perform services for justicea In criminal action shall receive 

the same fee a8 allowed the sheriff for the same aervlces. 

Article 944 through Article 951, Code of Criminal 

Prooedure, 1925, were not repealed by the Code of Criminal 

Procedure 1966. Article 54.02, Section l(b), new Code. 

Article $49, Code of Criminal Procedure, 1925, reade: 

"Money collected by an officer upon 

recognlzancee, bail bonds and other obligations recovered upon in the name of the 

State under any provisiona of this Code, 

and all fines, forfeiturea, judgments and 

jury fees, collected under any provision 

of this Code, shall forthwith be paid over 

by the officers collecting the same to the 

county treasurer of the proper county, after 

first deducting therefrom the legal ~fees and 

commissions for collecting the same." 

Article 2898, Vernon's Civil Statutes, reads: 
Honorable Albert E. Searcy, page 3 (C-596) 

"The fiscal year, within the meaning of 

this Act, shall begin on January 1st of each 

year; and each district, county and precinct 

officer shall file his report and make final 

settlement required In this Act not later 

than February 1st of eaoh year; provided, 

however, that officers receiving an annual 

salary as compensation for their services 

shall, by the close of each month, pay Into 

the Officers' Salary Fund or funds, all fees 

commissions and compensation collected by 

him during said month. Whenever such officer serves for a fractional part of the 

fiscal year, he shall nevertheless file his 

report and make final settlement for such' 

part of the year aa he serves and shall be 

entitled to such proportionate part of his 

compensation as the time for his service 

bears to the entire year." 

In view of the Articles heretofoae mentioned and 

quoted, we inform you that It is our opinion that where a 

game warden has arrested the offender under Article 1377b 

and the offender Is oonvicted In the county court, the 

arresting warden is entitled to an arrest fee of $3.00 

which fee, when collected, should be remitted by him to 

the Parks and Wildlife Department of the State of Texas. L 

Said fee should be taxed against the convicted defendant. 

We are further of the opinion that the fine Imposed by 

the county court should be remitted one hundred percent 

(100s) to the county treasurer, after deducting therefrom all other legal fees and commissions for oollecting'~ '

same. These other legal fees and commissions should be 

paid Into the Officers' Salary Fund of the county. 

In the event a game warden arrests a vlolator of the provisions of Article 1377b, upon conviction of the violator in the county court the 

arresting game warden Is entitled to an arrest 

fee of $3.00 to be remitted by him to the Parks 

and Wildlife Department. 

One hundred percent (lOO$) Of the fine aso 

sessed by the county court against the violator upon his conviction and the trial fees taxed 

against him shall be remitted to the county 

treasurer for deposit Into the Officers' Salary 

Fund of the county. 
Honorable Albert E. Searoy, page 4 (C-596) 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

JMR/br:aa 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Harry ctee, Jr. 

Ralph Rash 

Lonny Zwlener 

Pat Bailey 

APPROVED FOR THE ATTOIWEP ffENERAL 

BY: T.B. Wright 

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