Honorable Oscar B. McInnis 

Criminal,District Attorney 

County Courthouse 

Edinburg, Texas 78539 

Dear Mr. McInnis: 

Opinion No. M-983 

Re: Whether provisions of 

Senate Bill No. 841, Acts 

62nd Legislature, R.S., 

1971 (Art. 1083, V.A.C.C.P.) 

require collection of court 

costs for the benefit of 

the Criminal Justice Planning Fund fin connection 

with convictions for offenses which occurred prior 

to August 30, 1971, the 

effective date of legislation. 

You have requested the opinion of this office as to the 

following question: 

"Does this new statute [S.B. 8411 require the 

collection of the additional court cost for the 

benefit of the Criminal Justice Planning Fund on 

those cases in which the offenses were committed 

prior to August 30, 1971, the effective date of 

this Act?" 

Your question must be answered in the negative. 

Senate Bill 841 provides, in part: 

"Sec. 3. (a) The Sum of $2.50 shall be taxed 

as costs ,of court, in addition to other taxable 

court costs, upon conviction in each misdemeanor case in which original jurisdiction 

lies in courts whose jurisdiction is limited 

to a maximum fine of $200.00 only. 

"Sec. 4. The sum of $5.00 shall be taxed 

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Honorable Oscar B. McInnis, page 2 (M-983) 

as costs of court, in addition to other taxable 

court costs, upon conviction in each misdemeanor 

case and the sum of $10.00 shall be taxed as 

costs of court, in addition to other taxable 

court costs, upon conviction in each felony 

case in all cases in which original jurisdiction lies in courts whose jurisdiction is limited to fines and/or confinement in a jail or 

the department of corrections. 

"Sec. 5. The costs due the State under 

this Act shall be collected along with and 

in the same manner as other fines or costs 

are collected in the case." 

It is a well settled principle of law that statutes are 

presumed to operate prospectively unless there is a clear expression to the contrary. 53 Tex.Jur.2d 51, Statutes Sec. 

28. Moreover, penal statutes imposing a penalty must be 

strictly construed and the person seeking to recover the 

penalty must bring himself clearly within the terms of the 

statute. 53 Tex.Jur.2d 306, Statutes, Sec. 198. To hold 

otherwise would be in violation of,Article I, Section.16, of 

the Texas Constitution. See Ex.Parte~Carson, 159 S.W.2d 126 

',X .ChGA-n,. 1&4V; *; %x PsttL~ Wian., 4FL5 E X . CL% ',T%x .pZ,i.!. . lA%%', ; 

Caldwell v. State, 55 Ala. 133 (1876). 

In view of the foregoing authorities, it is our opinion 

that the additional items of court cost provided by Senate 

Bill 841 cannot be assessed on offenses committed prior to 

August 30, 1971. 

SUMMARY 

Additional court costs under Senate Bill 841 

cannot be assessed on conviction for offenses 

coanaitted prior to Auguat 30, 1971, the effective date of the Act since a statute will not 

be applied retroactively with a clear expression to that effect. ; 

ey General of Texas 

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, 

Honorable Oscar B. McInnis, page 3 (M-983) 

Prepared by Max P. Flusche 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Lonny Zwiener 

Malcom Smith 

Austin Bray 

Camm Lary 

SAM MCDANIEL 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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