Mr. Qulncg Hawkins 

County Auditor 

Henderson County 

Athena, Texas 

Dear Sir: ; .~ 

op~n~o&o. ‘o-&i 3. 

Re: Under the facts set forth,, '~ 

should the fllae and costa 

be tUFn& iat0 th4 CoIXaty : 

treasurer for the benefit 

of thG Sa$arg FuRd? 

.Your request for ast opiafolr'b~ the above -&&Gd 

qusstioa has bGeP rGCGiV6d by this OfficG. 

YOUr letter rGad8 iP part a8 -fOllOWG: 

"In the case of a county that is on the 

Salary FundSystem a map Is ,triGd aad COlViCt.Gd 

in District Couzt of driving while intoxicated, 

aad is fitaed $59.. 00 aad costa. 

"Thisfire is pald,to th4 District Clerk 

of thin couatg. 

"Uider the Salary Fuad Law shouldn't thl4 

fiae aad costs.ha turned iato. the County Treaaurer for the benefit. of the S~alary. Fund?" 

Article ;803 of~tha PGnnl Code reads a4 follows: 

“Amy peraoa who driVGG or c&rates aa automobile or any-other RIOtOr:VGhiClG upoa. aay street 

or all4y~or say other placp vithia th4 limit4 of 

aag iacorporatGd, city,: totin, or village,, or upoa 

sag public road: or highway ia this Stat4 while 

such pGraOn is iatOXiCatGd, or in aBy.dQgree under 

~the iuflueace of ~Iatoxicat~iag 1iquor;shsll upoa 

conviction be confined in the penitentiary for 

not more thaa two (2) years, or be confined la 

the couatg jail for aot lea4 thaa five (5) day4 
Mr. Quiacy Hawkins, Page 2 (O-681) 

aor more than airsty (90) da 8 aad filed aot 

leaa thaa Fifty Dollars (,$50 nor mors'thaa 

Five Huadred Dollara ($50'0). i 

Article 949, Code of Crimlaal Procedure, read8 

aa follow8: 

"Mosey collected by aa officer upoa 

recogaleaaces, bail bonds aad other, obligatloas recovered upon in the namd of the 

State uader any provision of this code, and 

all flaes, forfeitures, judgmeata aad jury 

feea, cdll4ctad under sag provision of 

this Code, shall forthwith be paid over by 

the officers collecting the same to ths couatg 

treasurer of the proper CQUaty, after first 

daductipg therefrom the lsgal f4Gs sad commlssioas for collectlag the same.” 

Sectloa 3 of Article 3912s, R. C. S., reads as 

followsr 

"la all cases where ths aouunissioaar~s 

court ahall have dGtiGr#aSPed that county officer8 or preciact officers ia such couaty shall 

be cOmpcn8atGd for thGir services by the paymeat of aa aaaual salary, aeither the $tate 

of Texas aor say county shall be charged with 

or pay to say of the officers 60 cOmp4a8atGd, 

sag fee orcommiasloa for the.pGrformaace of say 

or all of ths duties of their offices but such 

officer8 shall recG&va said salary ia lieu of 

all other fees, commissioas or compeasation 

which they would otherwise be authorized to retain; provided, however, that the assessor and 

collector of taxes shall coatiaua to collect aad 

retain for the benefit of the Officers1 Salary 

Fund or funds hereinafter provided for all fees 

aad commissions which ha is authorized uadsr 

law to coll4ct; and it shall bG hi8 duty to 

accouat for and to:.pay all such moPI received 

by him iato the fund created aad provided for 

under the provisions of this Act; provided 

further, that the provlsioas of this Ssctlon 

ahall not affect the paym4at of costs la civil 

caae8 by the State but all puch costs so padd 

shall be accounted for by the officers collectiag the same, aa thGy are rGqUir4d under the provisions of thla Act to accouat for fees,commlnsioas 

and cost8 collactad from prlvata parties." 
Mr. Quincy 

1OWS: 

Hawkins, Page 3 (C-681) 

Section 5 of Article 3912e read8 in part asfolcharge 

"It shall be the duty of all officers to 

and collect in the manner authorized by law . _ . . . . -. all' fees ana comm1as1oas wnicn are permirtea oy 

law to be assessed and collected for all official 

service performed by them. As and when such 

fees are collected they shall be deposited in 

the Officers' Salary Fund, or funds provided in 

this Act..." 

lows : 

Article 6700, R. C. S. of Texas, read8 a8 fol- 

"Fines collected for violation8 of any 

highway law aa set forth in Chapter 1 of Title 

13 of the Penal Coda, ahall be used by the 

municipality or the counties In which the same 

are a88eUSed and to which the same are payable, 

in the construction aad mainteaaace of road8, 

bridge8 aad culverts thereia, and for the enforcemeat of the traffic laws regulatiag the use 

of the public highway8 by motor vehicles and 

motorcycles, and to help defray the expense of 

county traffic officera." 

Ia view Of the foregoing Statutes, you are respectfully,adviaed that it is the opinion of thi4 department that 

the costs collectsd ia the CaSe mantloaed in your imqUir?J 

should be deposited la the Officers 1 SalaryFuad of the couaty ia 

which Such costs were collected and that since Article ooC cf 

the Peaal Code appears iu Title 13, Chapter I, you are further advised that the fiae should be deposited ia the 

Geaeral Fund of the coulity to be expended for the pUrpO8eS 

as eaumeratad ia Article 670O~.C;s. 

Trusting that the foregoing answer8 your iaquirg, we ramala 

AW:AW:vb ATTORNRY GENERAL OF TEXAS 

APPROVED JUL 12, 1939 

k%A:iI%% 

ATTORNEY GENERAL 

Yours very truly 

By Ardell Williams 

. . Ardell William8 

ASSiStaRt 

APPROVED 

Oplaloa 

Committee 

By -- RUF 

Chairmaa