Honorable Albert E. Searcy OpinionNO. 

### c-596

CountyAttorney Klmble County Junction, Texas Re: The dispositionof 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 requestedan 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 beenmade by a game warden. You have stated that, in your opinion
,when the arrest has beenmade by a game warden, that.he should be paid a $2.00arrest fee which would be paid a8 a part of the cost assessed incident to any~fine paid and that such fee should then be remitted by him to the Parks and Wildlife Department. You etate further that lOO$ 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 questionbecause 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 interpretedArticle 

### 1377, the Game and Fish Department (presentlythe Parks and Wildlife Department)was due 100% of fines assessed under similar conditionspresently expressed in Article 

### 1377b. Likewise, you assumed the $2.00arrest 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 

### 1377was repealed in 1959 by what la now Article 1377b. The pertinentprovision of Article 

### 1377,V. P.C., involved in the questionyou present was the last paragraph of Section 2. Thisparagraph reads:

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"Provided that all fines colleoted under provlalons of this Act aaseased on the arrest of any state game warden shallbe paid Into the epeolal game fund of the State of Texas."

When Article 1377, V.P.C.,was repealedand the offense In general re-enactedas Article 1377b,V.P.C., the aforequotedproviao wa8 deleted from the SUbSequent Act. Section 4 of Article 1377b stillprovides that violators thereunderwill 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 inmisdemeanor 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 shallhave the same authority as sheriffsand other peace officer8when making arrests and servingprocess concerningvarious game law violationa. Article 53.02, Code of Criminal Procedure, 1966,provides that constablea,marahals or other peaoe officerswho executeprocess and perform services for justicea In criminalaction shall receive the same fee a8 allowed the sheriff for the same aervlces.

Article 944 throughArticle 951, Code of Criminal Prooedure, 1925, were not repealedby the Code of Criminal Procedure 1966. Article 54.02, Section l(b),new Code. Article $49, Code of Criminal Procedure, 1925, reade:

"Money collectedby an officerupon recognlzancee,bail bonds and other obligations recovered upon in the name of the State under any provisiona of this Code, and all fines, forfeiturea, judgmentsand jury fees, collectedunder any provision of this Code, shall forthwith be paid over by the officers collectingthe same to the county treasurer of theproper 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 fiscalyear, within themeaning of this Act, shallbegin on January 1st of each year; and each district, countyand 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 compensationfor their services shall, by the close of eachmonth, pay Into the Officers' Salary Fund or funds, all fees commissionsand compensationcollectedby him during saidmonth. Whenever such officer serves for a fractionalpart of the fiscal year, he shall nevertheless file his report andmake final settlement for such' part of the year aa he serves and shallbe entitled to such proportionatepart of his compensationas the time for his service bears to the entireyear."

In view of the Articlesheretofoaementioned and quoted,we informyou that It is our opinion that where a game warden has arrested the offenderunder Article 1377b and the offender Is oonvicted In the county court, the arrestingwarden is entitled to an arrest fee of $3.00 which fee, when collected, should be remittedby him to the Parks and Wildlife Department of the State of Texas. L Said fee should be taxed against the convicteddefendant. We are further of the opinion that the fine Imposedby the county court shouldbe 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 vlolat
### or 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 $3.00 to be remitted by him to the Parks and Wildlife Department. Onehundredpercent (lOO$)Of the fine aso sessed by the county court against the violator upon his convictionand 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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