OFFICE OF THE ATT’ORNEY GENERAL OF TEXAS AUSTIN

Honorable Fairea Wade County Attorney Room11 County Rockwall, Tsxas Dear Sir: OpinionNo. Re: Is a oc

ills oounty and with the lo@&1 crves a warrant of arrest, apt the dsrwxlemt and relsavss hiai jw3tice 0r th49

peaoa or proeeauting attorney in the amnty inwhnhieh ahargo*hate beon filed. , . . *.
. .The conetable IIWTStook a warrant Of arrest into the neighboringCounty an8 with the loaaf on%xir them a3idethe arFeat* The local oonstable then approved the bond and **rslsased** the darfendant

who 5&reerd to a::psar when given not&Se to do 80 by the locafoftleer. The qne@tion ie

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Honorable Faire8 Wade, Page 2

can the constablehere oolleotmileage ror going end corni- in Ming the arrest and a?provin& the bond,
. . .* Article 1065, Code of Criminal Prooedure, reads in part as follower

"The following feea shallbe allowed the sheriff, or other peaoe ofrioerperfowlng the came services in ?Iisdemeanor oaaea, to be taxed against the defendant on conviction: "

. . . =4. For taking and approving each bond, and returning the 8ame to the court houue, when neceseary, one dollarand fifty cent@.
n

. . . "11.For eaohmile he may be oompell~l to travel in exeouti.nS eriminal~

prooees and **tmma~~-** ing or attachingwitness, revenand one-half oenta. For traveling in the aervioe ot prooesa not otherwiseprovided for, the cum of aevan and one-halr oents for eaohmile going and returning. If two **or** more persons are aentlonod in the same writ, or two or morewrite in the same ease,he shall charge only for ths diatance aotually and neosst?aarily traveled in the **SMl%. ”**  It is neaessary that we bear in mind that the fee statutesnre strictl:; oonetrued and fees by implicationare not permitted. It ie a very settled priaoiple oP law that a con&able, who ia compensated on a ree basic, i@ not entitled to any teeat all in a miedemeanor ease unless a conviction ia obtained. (TexasJuriaprudenoe,Vol. ?rB, :p.508;McCalla **V.** City **of** Roekdals, 246 S. X. 654)

Article 1065, aupra, expresslyprovides fess as compensation for the particular services enumerated therein and unless the oartioular eervioe is actually performed the 0fficer is entitle& to no r9e for euch service. The feesprovided thereinare allowed onlywhsn such eerviceeDonorable Fairee Wade, Page 3

are actually performedby the officer. Under the faote stated in your letter it is apprent that the ccnstable traveled tn a neighboring oountywith a warrant of arrest and approved the bond of the defendant and releaaedhim on MS promise to appearwhen notifiedby the justice o? ?~he peace or ::rosacuting attorney in the county inwhioh the chargewas filed.

This departmentheld in opinionNo. O-1240 that a oonstablehas,~legal authority to serve a warrant of arrest outaide the preoioct and aounty of hie residenoe. A oopy of this opinion is enoloeed for your information.

In view of the above stated facts and Artiels 1065, supra, you are respectfully advised that it is the opinion of this departmentthat the constable ie entitled to One Dollar and Fifty Cents (&SO) for taking and approvin$ the bond of the defendant. Tou are furtheradvised that the constable is entitled to eevenand one-half esnta (7&j for eaohmile he wae compelled to travel in exeouting the warrant of arrest; all OS said fees to be ahargsd again& the defendantupon convletion.

Trusting that the roregoing fully anewerayour inquify,we are Yours very truly ATTORNEY QDW OF TEXU

~~~ BJr Ardell Williams

Aseistant