be unlawfulto operate any motor vehicleengagedin this State in the businessof transportingpassengersfor oompen- sation or hire on any highuay,road or thorough- fare not privatelyowned betweencities,tonns and village8at a rate of speed in exoes8 of forty (40)miles per hour.6
Article8271, Section15, Penal Code of Tera6, read6 a8 follows6
"(a) It shall bs unlawfuland constitutea misda6eanorfor any personto violate any of the provisionsof this Aot, ' e(b) Any person,oorpcrationor receiver, who violatesany provisionof this A& shall,upon conviction,lm punishedby a fine of not more then ti Hirndrad Dollars (~OOAO): for a second cmwio- tion within on6 (1) year thereaftersuch person, oorporationor raoeiver,shall be punishedby a fine of not more than PIve HundredDollars($500.00)or by Imprisonmentin the County Jail for not more thm sixty (60) days, or by both snob fine and im- prisonment;u n a third or sub6equentoonviotion within on6 (1p"year after the second conviction such person,aorpcrationor reoeivershall Im pun- ished by a fine of not more than One ThousandSol- lars (#l,OOO.OO)or by imprisonmentin the Ccunty Jail for not more than six (6) months, or by both such fine and imprisorrment. Provisionshereofwith respectto imprisor&entshall not be applicableto oorporationr, but doublethe fine hereinprovided for may be imposedagainstthem in lieu of impris- onmento~
hIanyof the oitiesof Texas, perhapsall, have ordinancesagainst "speeding." Therefore,the act of "speeding, * if aonraittodtithinthe in- corporatedlimits of a oity,may be aviolation of a city ordinenoe,and aleo a violationof &rticle827a, 3ectioaF8,Penal Code of Texas.
Your requestfor an opiniondid not ask us aq questionrelative tn the constitutionalityof any city ordinanceagainst'speeding,"nor were 66 furnishedwith a copy of any city ordinsnce. Therrfore,ne refrain from a~ discussionas to the constitutionality of any city ardinsnoe against"speeding.6 Hon. ThomasA. Weat - Page 4 (O-1166)
You are respectfullyadvisedthat it is the opinionof this deprtment that if the citymarshal arrest6a violatorof a valid oity ordinanceagainstspeedingwithin the corporatelimits of the city by virtue of a warrant issued bythe Co&ration Court, then the city marshal should oarrythe offenderImforethat Court. If the city mar- shal arrestedthe violatorof a State law againstSpeedingnlthin the oorpcrate1imStsof the city by virtue of a 6Wrant issuedIy the 'I)or- porationQurt, then the city marshal should carrythe offenderbefore that Court. If the city marshalarresteda defendantfor violatine a State J.awagainstspeedingiwi$hinithe aorgnrgfelir$ts-ofii,: the city by virtue of a warrant issued cut of the JustioeCourt,then, in that event,the oity marshal should carry the offenderbeforethe JusticeCourt.
You are furtherrespectfullyadvisedthat it is the opinion of this daparimantthat if the city marshalarrerrteda defendantfor speeding,which was an offenseagainstthe State law, as well as an offenseagainsta valid city ordinance,rdthouta wurrant,then, in the event,the arrest havingbeen made within the city limitsof the inoor- pcratedcity, md also within the limits of the justiceprecinct,the citymarshal couldelect as to whetheror not he desiredto file a 0866 againstthe defendantin the city court for the violationof a valid city ordinanceagainstapeedlng,or, he could file amse againstthe defendantin the city court for the violationof a State law against speeding,or he could file a 0860 againstthe defendantin the Justioexu-tfor the violationof a State law against -8peedix1g~
If the defendantwas ohargedwith violatingArticle827a, Sao- ticn 8, Penal Code of Texas,wherebythe