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MARK WHITE Attorney General 

# The Attorney General of Texas

December 27, 1979

Honorable Joe Resweber Harris County Attorney 1001Preston, Suite 634 Houston, Texas 77002 Opinion No. MW-114 Re: Whether a district clerk can add statements to warrants and citations issued byhis 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 bythe Hot&on Bar Association. Membership is limited to those attorneys who maintain liability insurance of $100,000or 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 inRule 101of the Texas Rule of Civil Procedure.

Rule 1OL

Requisites The citation shall be styled ‘TheState ofTexas’ 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 10o’clock a.m. of the Monday next after the expiration of20days after the date of service thereof, stating the place of holding the court. It shall state the date ofthe 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

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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 isnot 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 sofurnished the clerk shall make nocharge therefor.

. .. Article 15.02,Code ofCriminal 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 ofthe person whose arrest isordered, if it be known, if unknown, then some reasonably definite description must be given ofhim. 2. It must state that the person is accused of some offense against the laws ofthe State, naming the offense. 3.It must be signed bythe magistrate, and his office benamed in the body ofthe warrant, or inconnection with his signature. Wedo 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 isprohibited by article III,section 52ofthe 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 isprohibited bythe constitution. T. &N.O.R. Co. v. Galveston Coun$, 161S.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 tolivestock association). SUMMARY Citations and warrants may not mggest to the party served that he may call alawyer referral service for legal assistance &w&y+&
MARK WHITE Attorney General ofTexas

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JOHN W.PAINTER, JR. First Assistant Attornq General TEDL.HARTLEY Executive Assistant Attorney General Prepared byDavid B.Brooks Assistant Attorney General APPROVED: OPIMON **COMMITTEE** C.Robert Heath David B.Brooks Tom BuIIington Walter Davis BobGammage Susan Garrison Rick GiIpin Bruce Youngblood

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