I"~EATTOIENEY GENERAL 

OF TEXAS 

AUSTIN 1s. TwAe 

September 19, 1963 

Honorable Joe Resweber 

County Attorney 

Harris County Courthouse 

Harris County 

Houston, Texas 

Dear Mr. Resweber: 

Opinion No. C-144 

Re: Construing H. B. 413, 58th 

Leg. relating to court costs 

in the Commutation of Time 

and Other Privileges Granted 

Inmates of the County Jail 

for Good Conduct 

Your letter requested an opinion from this office construing 

H. B. 413, enacted into law by the 58th Leg., R. S., 1963, Ch. 371, Page 

943, as Article 51180, Vernon’s Civil Statutes. Your question was: 

“Does this Act apply to or include court 

costs where the judgment of conviction is for 

the payment of a fine and court costs?” 

Article 5118a, as amended reads as follows: 

“Section 1. In order to encourage, county 

jail discipline, a distinction may be made in the 

terms of prisoner8 so as to~extend to all such as 

are orderly, industrious and obedient, comforts 

and privileges according to their deserts; the reward~to be bestowed on prisoners for good conduct shall consist of such relaxation of strict 

county jail rules, and extension of social privileges 

an may be consistent with proper discipline. Commutation of time for good conduct, industry and 

obedience may be granted the inmates of each county 

jail by the sheriff in charge. A deduction in time 

not to exceed one-third (l/3) of the original sentence may be made from the term or terms of aentences when no charge of misconduct has been sustained againrt the prisoner. This Act shall be 

applicable regardlese of whether the judgment of conviction is a fine or jail sentence, or a combination of 

. -.. 

,. 

-701- 
* . 

Honorable Joe Resweber, Page 2 (No. C-144) 

jail sentence and fine. A prisoner under two (2) 

or more cumulative senten 1 es shall be allowed 

commutation as if they were all one sentence. For 

such sustained charge of misconduct in violation 

of any rule known to the prisoner (including escape or attempt to escape) any part or all of the 

commutation which shall have accrued in favor of 

the prisoner to the date of said misconduct may be 

forfeited and taken away by the sheriff. No other 

time allowance or credits in addition to the commutation of time for good conduct herein provided for 

may’be deducted from the term or terms of sentences. The sheriff shall keep or cause to be kept 

a conduct record in card or ledger form and a 

calendar card on each inmate showing all forfeitures 

of commutation time and the reasons therefor. 

“Section 2, All laws or parts of laws in conflict with the provisions of this Act-are hereby repealed. 

“Section 3. . . . . 

i 

“Section 4. The fact that the Attorney General 

of the State of Texas’ in Opinion No. WW-1326, dated 

May 2, 1962, ruled that the present Act does not empower the sheriff to grant commutation of sentence 

for good conduct to a county jail prisoner who is serving time in jail in lieu of payment of a fine, thus working an injustice and inequity against such prisoners 

who may be deserving of consideration because of 

orderly, obedient and industrious conduct, creates an 

emergency and an.imperative public necessity.that 

the Constitutional Rule requiring bills to be read on 

three several days in each House be suspended, and 

said Rule ia hereby suspended, and that this Act shall 

take effect and be in force from and after its passage, 

and it is so enacted.” 

Article 783, Vernon’s Code of Criminal Procedure, reads in 

part as followa: 

“When the d,efendant is only fined the ,judg- 

-702- 
Honorable Joe Resweber, Page 3 (No. C-144) 

ment shall be that the State of Texas recover of 

the defendant the amount of such fine and all costs 

of the prosecution, and that the defendant, if present, be committed to jail until such fine and costs 

are paid; . . . . ” (Emphasis supplied) 

Article 784, Vernon’s Code of Criminal Procedure, reads as 

follows : 

“If the punishment is any other than a fine, 

the judgment shall specify it, and order it enforced 

by the proper proress. It shall also adjudge the 

costs against, the defendant, and order the collection thereof ao in other cases.” 

Article 785, Vernon’s Code of Criminal Procedure, reads as 

follows: 

“When the judgment against a defendant is 

for a fine and cos,ts ,he shall be discharged from 

the same: 

“1. 

“2. 

“3. 

When the amount thereof has been fully, 

paid. 

When remitted by the proper authority. 

When he has remained in custody for 

the time required by law to satisfy the 

amount thereof.” (Emphasis supplied) 

In Ex Parte Mann, 46 S.W. 828 (Tex. Crim.;l898), the Court 

said: 

“The whole the’ory of the law in Texas with 

reference to the enforcement of fines in misdemeanor convictions, includes costs as a part and 

parcel of the judgment.” (Emphasis supplied) 

And Tex. Jur. 2d, Vol. 25, Payment of Coots, Section 12, Page 

333, reads as follows: 

-703- 
Honorable Joe Resweber, Page 4 (No. C-144) 

“Costs assigned against a Defendant 

must be satisfied before the Defendant can 

be discharged from a judgment’for a’fine. 

This is also true of a judgment of a,justice 

court. The enforcement of fines in misdemeanor convictions includes costs as a 

part of a judgment and rhe convict is not 

entitled to release from custody until he 

has satisfied both fine and costs.” 

(Emphasis supplied) . 

The 58th Legislature clearly expressed their reasons for, the 

intents and purposes of, and the objective desired in amending Article 

5118a Vernon’s Civil Statutes. .They were definitely in a beneficent mood 

and were determined to restore clemency benefits to a certain class of 

jail .inmatis who had ,been deprived, of the same by Attorney General’s 

Opinion No. WW-1326, 1962, which in our opinion was the correct interpretation of the law as then written. 

Your question and.,request for an opinion on amended Article 

5118a sterna from the language used by the Legislature contained in Settion 1 thereof, or to be more accurate and specific, you are concerned 

about the omission of certain words fram the pertinent 3rd sentence of 

Section 1, which reads: 

“This Act shall be applicable regardless of 

whether the judgment of conviction is a fine or 

jail sentence or a combination of jail sentence and 

fine.” 

The omission from the above. of the usual words “court costs” 

or ‘“costs” ‘which have heretofore beerr ueed .consistently in provisions 

or decisions relating to penalties of fines or jail sentences does pose a 

question. However, the error appears inconsequential in view of the wellgrounded law covering this wubject. 

Statutory laws, court decisions and other authorities either declare or subscribe to the principle of law that in a’judgment of conviction for a misdemeanor offense carrying a penalty of a fine or jail term 

- 

sentence that “court costs” are part and parcel of,such judgment, and 

that in the enforcement thereof, the total sum of the fine and costs therein, 

or the total length of the jail term sentence and costs are considered as 

a whole to be satisfied before a discharge or release from same is in order. Therefore, we hold that this Act does apply to and include “court 

-704- 
Honorable Joe Resweber, Page 5 (No. C-144) 

costs” where a judgment of conviction is for the payment of a fine and 

court costs. 

SUMMARY 

Article 5118a, Vernon’s Civil Statutes, as amended 

authorizes county sheriffs to award prisoners the 

commutation of time up to one-third (l/3) of the 

original sentence for good conduct, industry, and 

obedience and makes same applicable regardless 

of whether the judgment of conviction is a fine or 

jail sentence, or a combination of jail sentence or 

fine. This Act does apply to and include court 

costs where the judgment of conviction is for the 

payment of a fine and court costs. 

. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

BY 

Edward R. Moffet 

Assistant Attorney General 

ERM:nf 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppsrt, Chairman 

Linward Shivers 

Brady Coleman 

Ben Harrison 

Pat Bailey 

APPROVEDFOR THEATTORNEYGENERAL 

BY: Stanton Stone 

-705-