# The Attorney General July 10, 1980 

# of Texas

-+7 pm-w Honorable H.S.Harris, Jr. Chairman, Texas Industrial Accident Board P.0. Box12757,Capitol Station Austin, Texas 767ll Opinion No. NW-299 Re: Sheriff’s fees for serving subpoenas at the request of the Industrial Accident Board. Dear Mr.Harris: Youask whether a county sheriff orconstable isentitled to afee 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 onthe written request of any party to acontested 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 himbylegal authority. Article 3933a, V.T.C.S., establishes a fee schedule for sheriffs and constables which provides inpertinent 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 andreturn made, including mileage, ifany, afeeof

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(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, 164S.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, 192S.W.2d 559 (Tex. 1946);Attorney General Ooinions V-1426(19521:V-957 (1949). Webelieve the Texas courts would construe the above *feeschedule narrowly, and would not hold that it establishes fees for service of subpoenas in administrative hearings. The sheriff orconstable istherefore 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 bythe Board in connection with hearings on compensation claims and fraud cases.

MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR. First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General Prepared bySusan 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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