. .-. 

MARK WHITE 

Attorney General 

The Attorney General of Texas 

December 27, 1979 

Honorable Joe Resweber 

Harris County Attorney 

1001 Preston, Suite 634 

Houston, Texas 77002 

Opinion No. MW-114 

Re: Whether a district clerk can 

add statements to warrants and 

citations issued by his office. 

Dear Mr. Reswaber: 

You have asked whether the district clerk may have the following 

statement printed on warrants and citations issued from his office: 

This warrant/citation has legal consequences for you 

If you wish to hire a lawyer to represent you in the 

above matter, but do not know a lawyer ln private 

practice, you may contact Houston Lawyers Referral 

Service at 251-xxxx 

Houston Lawyer Referral Service is a nonprofit corporation governed by the 

Hot&on Bar Association. Membership is limited to those attorneys who 

maintain liability insurance of $100,000 or more. The membership fee is $50 

for members of the Houston Bar Association and $75 for nonmembers 

There are approximately 400 members of the service; Harris County has 

approximately 6,550 licensed attorneys. 

The requisites of a citation are set out in Rule 101 of the Texas Rule of 

Civil Procedure. 

Rule 1OL Requisites 

The citation shall be styled ‘The State of Texas’ 

and shall be directed to the defendant and shall 

command him to appear by filing a written answer to 

the plaintiff’s petition at or before 10 o’clock a.m. of 

the Monday next after the expiration of 20 days after 

the date of service thereof, stating the place of 

holding the court. It shall state the date of the filing 

of the petition, its file number and the style of the 

case, and the date of issuance of the citation, be 

signed and sealed by the clerk, and shall be 

P. 361 
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Honorable Joe Resweber - Page Two (MW-114) 

accompanied by a cqy of plaintiffs petition. The citation shell 

further direct that if it is not served within 90 days after the date 

of its is=ance, it shall be returned unserved The party filing any 

pleadng upon which citation is to be had shall furnish the clerk 

with a sufficient number of copies therecf for use In serving the 

parties to be served and when the copies are so furnished the clerk 

shall make no charge therefor. . . . 

Article 15.02, Code of Criminal Procedure, provides the requisites of a warrant 

Art. 15.02. Requisites of warrant 

It isrates in the name of ‘The State of Texas’, and shall be 

sufficient, without regard to form, if it have these substantial 

requlsitesr 

1. It must specify the name of the person whose arrest is ordered, 

if it be known, if unknown, then some reasonably definite 

description must be given of him. 

2. It must state that the person is accused of some offense 

against the laws of the State, naming the offense. 

3. It must be signed by the magistrate, and his office be named in 

the body of the warrant, or in connection with his signature. 

We do not need to reach the question of whether the above provisions permit or prohibit 

additional information on warrants and citations because under the facts presented the 

practice is prohibited by article III, section 52 of the Texas Constitution which forbids any 

county from granting anything of value to any corporation or association whatsoever. 

Instructing the recipients of all citations and warrants issued by the district clerk that 

they may contact an association representing less than 5% of the attorneys of the county 

grants an obvious, direct and valuable service to the members of that association - 

potential fee paying clients The practice is prohibited by the constitution. T. & N.O.R. 

Co. v. Galveston Coun$, 161 S.W.Bd 530 (Tex. Civ. App. - Galveston 19421, aiPd, 169 

S.W.2d 713 (Tex. 1943). Attorney General Opinions H-H69 (1976) (county fun& to private 

day care center); H-520 (1975) (county contribution to livestock association). 

SUMMARY 

Citations and warrants may not mggest to the party served that he 

may call a lawyer referral service for legal assistance 

&w&y+& 

MARK WHITE 

Attorney General of Texas 

P. 362 
Honorable Joe Resweber - Page Three (Mw-114) 

JOHN W. PAINTER, JR. 

First Assistant Attornq General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by David B. Brooks 

Assistant Attorney General 

APPROVED: 

OPIMON COMMITTEE 

C. Robert Heath 

David B. Brooks 

Tom BuIIington 

Walter Davis 

Bob Gammage 

Susan Garrison 

Rick GiIpin 

Bruce Youngblood 

p. 363