THE ATTORNEYGENEOF TEXAS 

w’miL WILSON 

*x-roRNEY GENERAL 

March 29, 1962 

Hon. W. W. Kilgore Opinion Ro. WW-1290 

County Attorney 

Victoria County Rer Whether justice courts or county 

Victoria, Texas courts have jurisdiction to try 

persons who are charged with vlolating the provisions of Article 

Dear Mr. Kilgore : 802e of Vernon’s Penal Code. 

We have received your request for an opinion as to 

whether justice courts or county. courts have jurisdiction to try 

t; 

ersons who are charged with violating the provisions of Article 

02e of Vernon Is Penal Code. 

Article 8020 of Vernon’s Penal code of Texas prwldes 

in part as follows : 

“Any male minor who has assed his 14th blrthday but has not reached his 1 f; th birthday, and any 

female minor who has 

I? 

ssrd her 14th birthday but 

has not reached her 1 th birthday, and who drives 

or operates an automobile or any other motor vehicle ~ 

on any pubbic road or highway in this State or upon’ 

any street or alley within the limits of any city, 

town or village or upon any beach as defined in 

Chapter 430, A&s of the 5lst Leg&il.&Ire, 1949, 

while under the influenoe of intoxfcatlng liquor 

or who drives or operates an automobile or any o c her 

motor vehicle in such way as to violate any traffic 

law of.this state, shall be guilty of a misdemeanor 

and shall be punished by a fine of not more than 

One Hundred Dollars ($100.00). . . .,w 

nSectlon 2. No such minor after conviction or 

plea of gu$lty and imposition 0 i fine, shall be committed to any jail in default of payment of the fine 

Imposed, but the court imposing such fine shall have 

power to suspend and take possession of such minor ‘8 

driving license and retain the same until such fine 

has been paid.” 

t%ection 4. The offensrs created under this 

Act shall be under the jurisdiction of the COUrta 

regularly empowered to try misdemeanors carrying 
Hon. W. W. Kilgore, page 2 (WW-1290) 

the penalty herein affixed and shall not be 

under the jurisdiction of ihe Juvenile Courts; 

but nothing contained in this Act shall be 

construed to otherwise repeal or affect the 

statutes regulating the. powers and duties of 

Juvenile Courts. The provisions of this Act 

shall be cumulative of all other laws on the 

subject.” 

Justice of the Peace or Justice Courts are provided 

for in the Constitution of Texas. 

Constitution reads : 

Article V, Section 19 of the 

“Justices of the peace shall have jurisdiction in criminal matters of all cases where 

gt k?%Fg t”u for two Q&red dw 

f&e to be bmsed bv law GLY 

and skh other jurisdiction criminal or ai%, 

as may be provided by law kder such regulations as may be prescribed by law.” 

It has been held that the Justice Courts have no jurisdiction to try cases when the punishment exceeds a pecuniary fine 

of two hundred dollars. Imprisonment for any length of time or a 

susoension of a license in addition to a fine has been held to 

remove the criminal offense from the jurisdiction of themJustice 

~;~~1W.Tk&+.&&&011~~5rim. 369 (1876); Morris v. State, 

Article 60, V,C.C.P., reads as follows: 

V’Justices of the peace shall have jurisdiction in criminal cases where the fine to be 

iIIIDOSed bv law mav not exceed two mdred do&- 

J&g& ” 

In &rris v 0 Stau o mp the Court of Criminal Appeals 

held that a statute providing for punishment by a fine of not more 

than two hundred dollars and forfeiture of hunting license and 

right to hunt for one year removed the case from the jurisdiction 

of the Justice Court. 

feiture. 

Here, of course, there was fine & a forArticle 917, Code of Criminal Procedure, provides that 

the defendant shall remain In the custody of the sheriff until the 

fine and costs are paid. Such imprisonment is not an additional 

penalty but rather an aid in’ the collection of the fine. 

,.., 
. . 

Hon. W. W. Kilgore, page 3 (WW-ET.gOJ 

It is our interpretation of Section 2 of Article 802e, 

V.P.C. that the penalty set out is a fine of not more than One 

Hundred Dollars. Although Section 2 states that "the court imposing such fine shall have power to suspend and take possession 

of such minor's driving license and retain the same until such 

fine has been paid," its purpose is analogous to Article 917, 

V.C.C.P. and is only applicable upon failure to pay the fine. 

Section 2 is not an additional penalty, but is likewise an aid 

in the collection of the fine. 

The Justice Courts have jurisdiction to try persons charged with violating Article 802e of Vernon's 

Penal Code. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

Irwin R. Salmanson 

IRS:bjh:wb Assistant Attorney General 

APPROVED: 

OPINION COMMITTRE 

W. V. Geppert, Chairman 

Robert Lewis 

Fred D. Ward 

Elmer McVey 

RRVIEWRDFCRTRE ATTOFi~YGENEFlAL 

By: Houghton Drownlee, Jr.