## THEATTORNEY GENERAL OF ?I?ExAs

Xion.it.

Plner Powell County Attorney Brown county Erownwood, Texas Dear Sir: Opinion No. o-2214 Re: Is a constable ln a~~county where the sheriff 1s on a salary basis, entitled to.hls or+glnal arrest fees in a felony case where the defendant is properly 3nalctea and convicted,but sentenced ln district court to the penitentiary or to the county jail, and in which no money Is paid into the court by the defendant?. Your letter of Air&l 11, 190, requestingan opinion of this department on the above stated question,has been received.

Your letter reads as follows: "What prodedure does a Constablereport to collect.hls'arrest fees, where the sheriff In the same county Is paid on a salary basis?

"I refer to a fel&y case, where the defendant Is indictedby the &ran&jury, and the case Is disposed of by~a conviction ln the penn **or** properly sentenced to the county~jallon a .felony charge.
"I refer to Art. 1065, C.C.P. "It Is our understandingthat some constables over the state have been collectingOriginal **arrest** fees ln felony cases, where the defeni¶snt Is later Indictedby the grand jury, 

### ani3 the caee 

### disposed of. So far ln this county'the constablehas been collecti;& no fees In such cases, except'wherereduced to misdemeanorson the trial of the case, or so reduced by the grad **jury** upon Indictment.

"Therefore,I would like an opinion on the followln&

"11s a Constable, ln a county where the sheriff ii on a.salarybasis, entitled to hls orl%lnalarrest fees, In a felony case, where the defendant Is properly lnalctea and convicted,but .&sentenced ln District Court to the penn or to the county~jall,sncl ln.whlchno ---a-. 4" ..-,A

4n+r.

**thn nnnmt**  **hu~fhe A~fendmt?** **‘ ”** Hon. J. Plner Powell, page 2 O-2214
According to the last FederalCensus the populationof Brown County Is 26,382 Inhabitants. The county offlclalsof sala county are compensatedon sn annual salarybasis, and the precinct offlclals are compensatedon a fee bafils.

Article 1065 Code of kmlnal Procedure provides certain fees for the sheriff, or bbherpeace offlcers'performlng the same services In a misdemeanor casa, to be taxed against defendanton conviction. Article 1030, Code of CrlmlnalProcedure, specifically provides certain fees for the sherlff'orconstable for definite services performedby them In eelony cases ln countieshaving a populationof less than 40,000 Inhabitants,as shownby the preceding Federal Census.

Section 17 of Article 3912e,Vernon's AnnotatedCivil Statutes,reads, ln part, as follows:

"Sec. 17. (a) The term 'PrecinctOfficers' as used In this Act means justicesof the peace and constables,

"***it**
In countieswherein the county officers named In this Act are 'compensated on the b&s of an annual salary, then

State of Texas shallnot be charged with 

### ma shall not pay any fee or commissionto any precinct officer for any servicesby hlm performed, but said officer shall be paid by the County out of the Officers'Salary Fund such fees and commlsslonsas would otherwisebe paid him by the State for such services." Article 1019 of the Co& of Criminal Procedure reads as follows: ~"Ifthe defendant Is lnalcteafor a felony and upon convictionhis punishment Is by fine or conflnement In the county jail, or.by~both such fine and conflnement In the county jail or convictedof a mlsaemeanor, no costs shall be pala by the State to any officer. All costs In such oases shall be taxed, assessedana collected :~ as ln mlsdbmeanorcases." In view of the forego& statute&you are respectfully advised that It Is the opinion of this department that ln counties where the county officialsare compensatedon a salary basis and the precinct officers a&compensated on a fee basis; the constableIs entitledto the.statuto3.y fees for all servicesactuallyperformedby him ln felony cases,.salafees to be paid by the o3unty out of the Officers' Salary Fund when sala fees would otherwisebe paid hlm by the State fob such services. ,~. &m. J.’

Plner Powell, Page 

### 3 O-2214

You are Further advised that where a defendant Is lnalctea for a felony and upon convlctlonhi8 punishment Is by fine or conflnement In the county jail, or by both, such fine and conflriement In the county jail or convicted

### 0r a misdemeanor,no fees can be paId a constable ,forservicesrendered In such cases by thecountyout of the Orflcers’ Salary Fund or any other fund, such fees shall be taxed, assessel 

### ana collected as ln misdemeanorcases.

In felony ca6es where a constable is entitled tofees to be paid out of the Officers’ Salary Fund he shall.bepaid on warrants approves by the county auditor In the counties having a county auditor; otherwise all claims against the Officers I Salary Fund shall first have been audited and approved by the commlssloners 1 court of said county and the money shall be disbursed on such approved claims bywrrada drawn by the county treasury on 

### said ma.

remain !Prustlng that the foregblng fully answersyour lnqdry, we

Yours very truly ATTORNEX OENERAL OF TEXAS
By s/ Ardell Wllll8ms Ardell Williams Assistant AW:obiwc

APPROVED APRIL 23, 1940 s/ Qerald C.~Mann ATTORNEY QENERAL OF TEXAS
Approved Opinion Committeeby s/BwB Chairman _.’