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, requesting an opinion of 

this department on the above stated question, has been received. 

Your letter reads as follows: 

"What prodedure does a Constable report 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 indicted by the &ran&jury, and the case Is 

disposed of by~a conviction ln the penn or properly 

sentenced to the county~jall on a .felony charge. 

"I refer to Art. 1065, C.C.P. 

"It Is our understanding that some constables 

over the state have been collecting Original arrest 

fees ln felony cases, where the defeni¶snt Is later 

Indicted by the grand jury, ani3 the caee disposed of. 

So far ln this county'the constable has been collecti;& no fees In such cases, except'where reduced to 

misdemeanors on 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.salary basis, entitled to hls orl%lnal arrest 

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.whlch no 

---a-. 4" ..-,A 4n+r. thn nnnmt hu~fhe A~fendmt?‘” 
Hon. J. Plner Powell, page 2 O-2214 

According to the last Federal Census the population of 

Brown County Is 26,382 Inhabitants. The county offlclals of sala 

county are compensated on sn annual salary basis, and the precinct 

offlclals are compensated on a fee bafils. 

Article 1065 Code of kmlnal Procedure provides 

certain fees for the sheriff, or bbher peace offlcers'performlng the 

same services In a misdemeanor casa, to be taxed against defendant on 

conviction. 

Article 1030, Code of Crlmlnal Procedure, specifically 

provides certain fees for the sherlff'or constable for definite services 

performed by them In eelony cases ln counties having a population of 

less than 40,000 Inhabitants, as shown by the preceding Federal Census. 

Section 17 of Article 3912e, Vernon's Annotated Civil 

Statutes, reads, ln part, as follows: 

"Sec. 17. (a) The term 'Precinct Officers' 

as used In this Act means justices of the peace and 

constables, 

"***it** 

In counties wherein the county officers named 

In this Act are 'compensated on the b&s of an annual 

salary, then State of Texas shall not be charged with 

ma shall not pay any fee or commission to any precinct officer for any services by hlm performed, but 

said officer shall be paid by the County out of the 

Officers' Salary Fund such fees and commlsslons as 

would otherwise be paid him by the State for such services." 

Article 1019 of the Co& of Criminal Procedure reads as 

follows: 

~"If the defendant Is lnalctea for a felony and 

upon conviction his punishment Is by fine or conflnement In the county jail, or.by ~both such fine and conflnement In the county jail or convicted of a mlsaemeanor, no costs shall be pala by the State to any 

officer. All costs In such oases shall be taxed, 

assessed ana collected :~ as ln mlsdbmeanor cases." 

In view of the forego& statute& you are respectfully 

advised that It Is the opinion of this department that ln counties 

where the county officials are compensated on a salary basis and the 

precinct officers a&compensated on a fee basis; the constable Is 

entitled to the.statuto3.y fees for all services actually performed by 

him ln felony cases,.sala fees to be paid by the o3unty out of the 

Officers' Salary Fund when sala fees would otherwise be 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 convlctlon hi8 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 ,for services rendered In such cases by thecounty out of the 

Orflcers’ Salary Fund or any other fund, such fees shall be taxed, assesse

ana collected as ln misdemeanor cases. 

In felony ca6es where a constable is entitled tofees to be 

paid out of the Officers’ Salary Fund he shall.be paid on warrants approve

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 answers your 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 Committee by s/BwB Chairman 

_.’