The Attorney General 

July 10, 1980 

of Texas 

-+7 

pm-w 

Honorable H. S. Harris, Jr. 

Chairman, Texas Industrial Accident 

Board 

P. 0. Box 12757, Capitol Station 

Austin, Texas 767ll 

Opinion No. NW-2 99 

Re: Sheriff’s fees for serving subpoenas at the request of the 

Industrial Accident Board. 

Dear Mr. Harris: 

You ask whether a county sheriff or constable is entitled to a fee from 

the Industrial Accident Board for serving subpoenas issued by the Board in 

connection with hearings on compensation claims and fraud cases. The 

Board has authority to subpoena witnesses pursuant to sections 4, 9a, and 10 

of article 8307, V.T.C.S. Moreover, the Administrative Procedure Act gives 

the Board the following authority: 

(cl On its own motion or on the written request of 

any party to a contested case pending before it, on a 

showing of good cause, and on deposit of sums that 

will reasonably insure payment of the amounts 

estimated to accrue under Subsections (1)(l) and (2) of 

this section, an sgency shall issue a subpoena 

addressed to the sheriff or any constable to require 

the attendance of witnesses and the production of 

books, records, papers, or other objects as may be 

necessary and proper for the purposes of the 

proceedings. 

V.T.C.S. art. 6252-13a, S14. Article 6873, V.T.C.S., requires each sheriff to 

execute all process directed to him by legal authority. 

Article 3933a, V.T.C.S., establishes a fee schedule for sheriffs and 

constables which provides in pertinent part: 

For each person, corporation or legal entity, on 

whom service of citation, subpoena, summons, or 

process not otherwise provided for, is performed or 

attempted and return made, including mileage, if any, 

afeeof 

P. 672 
Honorable H. S. Harris, Jr. - Page Two (Mw-209) 

(a) Small Claims Courts $ 5.00 

(b) Justice Courts $ 8.00 

(cl All other Courts $10.00 

The courts of other states have held that an administrative agency is not a court. See 

Nelson v. Real Estate Commission, 370 A.2d 608 (Md. App. 1977); School Dist. NO. 167 

New London School Disk, 164 S.W. 688 (MO. App. 1914); In re Assessment of Kansas City 

Southern Ry. Co., 33 P. 2d 772 (Okla. 1934). Statutes are strictly construed against 

allowing a fee by implication. Moore v. Sheppard, 192 S.W.2d 559 (Tex. 1946); Attorney 

General Ooinions V-1426 (19521: V-957 (1949). We believe the Texas courts would construe 

the above *fee schedule narrowly, and would not hold that it establishes fees for service of 

subpoenas in administrative hearings. The sheriff or constable is therefore not entitled to 

a fee from the Industrial Accident Board for serving subpoenas issued by the Board in 

connection with hearings on compensation claims and fraud eases. See also Tex. Const. 

Art. XVI, 561; V.T.C.S. art. 3912(e), Sl (state shall not pay fees to county officers in 

counties of over 20,000 population). 

SUMMARY 

Sheriffs and constables are not entitled to receive fees from the 

Industrial Accident Board for serving subpoenas issued by the Board 

in connection with hearings on compensation claims and fraud 

cases. 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Susan Garrison 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

Jon Bible 

Walter Davis 

Susan Garrison 

Rick Gilpin 

Bruce Youngblood 

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