### THE 

## ATTORNEYGENEOF TEXAS

w’miL WILSON *x-roRNEY GENERAL March29, 1962
Hon. W.W. Kilgore Opinion Ro. WW-1290 CountyAttorney Victoria County Rer Whetherjustice courts or county Victoria, Texas courts have jurisdiction to try persons whoare charged with vlolating the provisions of Article Dear Mr. Kilgore : 802e of Vernon’s Penal Code.

Wehave received your request for an opinion as to whether justice courts or county. courts have jurisdiction to try t; ersons whoare charged with violating the provisions of Article 02e of VernonIs Penal Code.

Article 8020 of Vernon’s Penal code of Texas prwldes in part as follows :

“Anymale minor whohas assed his 14th blrthday but has not reached his 1f;th birthday, and any female minor whohas I?ssrd her 14th birthday but has not reached her 1 th birthday, andwhodrives 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 whodrives or operates an automobile or any oher c motor vehicle in such wayas 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 OneHundredDollars ($100.00).

. . .,w nSectlon 2. Nosuch minor after conviction or plea of gu$lty and imposition 0 i fine, shall be committed to anyjail 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 sameuntil 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 carryingHon. 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 twoQ&red dw

f&e to be bmsed bv law GLY and skh other jurisdiction criminal or ai%, as maybe provided by law kder such regulations as maybe prescribed by law.” It has been held that the Justice Courts have nojurisdiction to try cases whenthe punishment exceeds a pecuniary fine of twohundred 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 iIIIDOSedbv law mavnot exceed twomdred do&- J&g&” In &rris v0Stau omp the Court of Criminal Appeals held that a statute providing for punishment by a fine of not more than twohundred dollars andforfeiture 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 HundredDollars. 

### AlthoughSection 2 states that "the court imposing such fine shall have power to suspend andtake possession of such minor's driving license 

### andretain the sameuntil such fine has been paid," its purpose is analogous to Article 917, 

### V.C.C.P.andis only applicable upon failure to pay the fine. Section 2 is not an additional penalty, but is 

### likewiseanaid in the collection of the fine.

TheJustice Courts have jurisdiction to try persons charged with violating Article 802e of Vernon's Penal Code. Yours very truly, WILLWILSON Attorney General of Texas

Irwin R. Salmanson Assistant Attorney General IRS:bjh:wb APPROVED: OPINION

COMMITTRE W.V. Geppert, 

### Chairman Robert Lewis Fred D. Ward Elmer McVey RRVIEWRDFCRTRE



### ATTOFi~YGENEFlAL By: Houghton Drownlee, Jr.