OFFICE OF THE ATT’ORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Fairea Wade 

County Attorney 

Room11 County 

Rockwall, Tsxas 

Dear Sir: Opinion No. 

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 in whnhieh ahargo* hate beon 

filed. , . . 

*. . . The conetable IIWTS took a warrant Of 

arrest into the neighboring County an8 with the 

loaaf on%xir them a3ide the 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 
131 

Honorable Faire8 Wade, Page 2 

can the constable here oolleot mileage 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 shall be allowed the 

sheriff, or other peaoe ofrioer perfowlng 

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 dollar and fifty cent@. 

n . . . 

"11. For eaoh mile he may be oompell~l to 

travel in exeouti.nS eriminal~ prooees and tmma~~- 

ing or attaching witness, revenand one-half 

oenta. For traveling in the aervioe ot prooesa 

not otherwise provided for, the cum of aevan 

and one-halr oents for eaoh mile going and returning. If two or more persons are aentlonod 

in the same writ, or two or more write 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 

statutes nre strictl:; oonetrued and fees by implication are 

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 tee at all in a miedemeanor ease unless a 

conviction ia obtained. (Texas Juriaprudenoe, Vol. ?rB, 

:p. 508; McCalla V. City of Roekdals, 246 S. X. 654) 

Article 1065, aupra, expressly provides 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 

fees provided therein are allowed only whsn such eervicee 
Donorable Fairee Wade, Page 3 

are actually performed by the officer. Under the faote 

stated in your letter it is apprent that the ccnstable 

traveled tn a neighboring oounty with a warrant of arrest 

and approved the bond of the defendant and releaaed him 

on MS promise to appear when notified by the justice o? 

?~he peace or ::rosacuting attorney in the county in whioh 

the charge was filed. 

This department held in opinion No. O-1240 that 

a oonstable has,~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 department that the constable ie entitled 

to One Dollar and Fifty Cents (&SO) for taking and approvin$ the bond of the defendant. Tou are further advised 

that the constable is entitled to eeven and one-half esnta 

(7&j for eaoh mile he wae compelled to travel in exeouting the warrant of arrest; all OS said fees to be ahargsd 

again& the defendant upon convletion. 

Trusting that the roregoing fully anewera your 

inquify, we are 

Yours very truly 

ATTORNEY QDW OF TEXU 

~~~ 

BJr 

Ardell Williams 

Aseistant