Mr. QulncgHawkins

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 astopiafolr'b~ the above-&&Gd qusstioa has bGeP rGCGiV6dby this OfficG.

YOUr letter rGad8 iP part a8 -fOllOWG:
"In the case of a county that is on the Salary FundSystem a map Is,triGdaad COlViCt.Gd in District Couzt of drivingwhile intoxicated, aad is fitaed$59..

00 aad costa. "Thisfire ispald,to th4 District Clerk of thin couatg.

"Uider the SalaryFuad Law shouldn't thl4 fiae aad costs.ha turned iato. the County Treaaurer for the benefit.of the S~alary. Fund?" Article;803of~tha PGnnl Code reads a4 follows: “Amy peraoa who driVGG or c&rates aa automobile or any-otherRIOtOr:VGhiClG upoa. aay street or all4y~or say otherplacp vithia th4 limit4 of aag iacorporatGd,

city,: totin, or village,,

or upoa sag public road:orhighway ia this Stat4 while such pGraOn is iatOXiCatGd,or in aBy.dQgree under ~theiuflueaceof ~Iatoxicat~iag 1iquor;shsll upoa conviction be confined in the penitentiary for notmore thaa two (2)years, or be confined la the couatg jail for aot lea4 thaa five (5) day4Mr. Quiacy Hawkins, Page 2 (O-681)

aormore than airsty (90)da 8 aad filed aot leaa thaa Fifty Dollars (,$50normors'thaa Five Huadred Dollara ($50'0). i
Article 949, Code of Crimlaal Procedure,read8 aa follow8:

"Mosey collectedby 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, judgmeataaad jury feea, cdll4ctad under sag provision of this Code, shall forthwithbe paid over by the officers collectingthe same to ths couatg treasurer of the proper CQUaty,after first daductipg therefrom the lsgal f4Gs sad commlssioas for collectlagthe same.”

Sectloa 3 of Article 3912s, R. C. S., reads as followsr "la all caseswhere ths aouunissioaar~s court ahallhave dGtiGr#aSPed that county officer8 or preciact officers ia such couaty shall be cOmpcn8atGdfor thGir servicesby the paymeat of aa aaaual salary, aeither the $tate of Texas aor say county shall be chargedwith or pay to say of the officers 60 cOmp4a8atGd, sag fee orcommiasloa for the.pGrformaaceof say or all of ths duties of their officesbut such officer8 shall recG&va said salary ia lieu of all other fees, commissioas or compeasation which they would otherwisebe authorized to retain; provided,however, that the assessor and collectorof taxes shall coatiaua to collect aad retain for the benefit of the Officers1 Salary Fund or fundshereinafter provided for all fees aad commissionswhich ha is authorized uadsr law to coll4ct; and it shallbG hi8 duty to accouat for and to:.pay all suchmoPI received by him iato the fund created aad provided for under the provisions of thisAct; provided further, that the provlsioas of this Ssctlon ahall not affect the paym4at of costs la civil caae8by the State but all puch costs so padd shallbe 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 inpart asfolcharge "It shallbe the duty of all officers to

and collect in the manner authorizedby law

. _ .. . . -. all'fees ana comm1as1oaswnicn are permirtea oy law to be assessed and collected for all official serviceperformed by them. As and when such fees are collected they shallbe 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 usedby 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 publichighway8 by motor vehiclesand 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 shouldbe deposited la the Officers1SalaryFuad of the couaty ia which Such costswere collectedand 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 iaArticle 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