Untitled Texas Attorney General Opinion ( 1979 )

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The Attorney General of Texas
December 27, 1979
MARK WHITE
Attorney General
Honorable Joe Resweber Opinion No. MW-114
Harris County Attorney
1001Preston, Suite 634 Re: Whether a district clerk can
Houston, Texas 77002 add statements to warrants and
citations issued by his office.
Dear Mr. Reswaber:
You have asked whether the district clerk may have the following
statement printed on warrants and citations issued from his office:
This warrant/citation has legal consequences for you
If you wish to hire a lawyer to represent you in the
above matter, but do not know a lawyer ln private
practice, you may contact Houston Lawyers Referral
Service at 251-xxxx
Houston Lawyer Referral Service is a nonprofit corporation governed by the
Hot&on Bar Association. Membership is limited to those attorneys who
maintain liability insurance of $100,000 or more. The membership fee is $50
for members of the Houston Bar Association and $75 for nonmembers
There are approximately 400 members of the service; Harris County has
approximately 6,550 licensed attorneys.
The requisites of a citation are set out in Rule 101of the Texas Rule of
Civil Procedure.
Rule 1OLRequisites
The citation shall be styled ‘The State of Texas’
and shall be directed to the defendant and shall
command him to appear by filing a written answer to
the plaintiff’s petition at or before 10 o’clock a.m. of
the Monday next after the expiration of 20 days after
the date of service thereof, stating the place of
holding the court. It shall state the date of the filing
of the petition, its file number and the style of the
case, and the date of issuance of the citation, be
signed and sealed by the clerk, and shall be
P. 361
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Honorable Joe Resweber - Page Two (MW-114)
accompanied by a cqy of plaintiffs petition. The citation shell
further direct that if it is not served within 90 days after the date
of its is=ance, it shall be returned unserved The party filing any
pleadng upon which citation is to be had shall furnish the clerk
with a sufficient number of copies therecf for use In serving the
parties to be served and when the copies are so furnished the clerk
shall make no charge therefor. . . .
Article 15.02, Code of Criminal Procedure, provides the requisites of a warrant
Art. 15.02. Requisites of warrant
It isrates in the name of ‘The State of Texas’, and shall be
sufficient, without regard to form, if it have these substantial
requlsitesr
1. It must specify the name of the person whose arrest is ordered,
if it be known, if unknown, then some reasonably definite
description must be given of him.
2. It must state that the person is accused of some offense
against the laws of the State, naming the offense.
3. It must be signed by the magistrate, and his office be named in
the body of the warrant, or in connection with his signature.
We do not need to reach the question of whether the above provisions permit or prohibit
additional information on warrants and citations because under the facts presented the
practice is prohibited by article III, section 52 of the Texas Constitution which forbids any
county from granting anything of value to any corporation or association whatsoever.
Instructing the recipients of all citations and warrants issued by the district clerk that
they may contact an association representing less than 5% of the attorneys of the county
grants an obvious, direct and valuable service to the members of that association -
potential fee paying clients The practice is prohibited by the constitution. T. & N.O.R.
Co. v. Galveston Coun$, 161 S.W.Bd 530 (Tex. Civ. App. - Galveston 19421, aiPd, 169
S.W.2d 713 (Tex. 1943). Attorney General Opinions H-H69 (1976) (county fun& to private
day care center); H-520 (1975) (county contribution to livestock association).
SUMMARY
Citations and warrants may not mggest to the party served that he
may call a lawyer referral service for legal assistance
&w&y+&
MARK WHITE
Attorney General of Texas
P. 362
Honorable Joe Resweber - Page Three (Mw-114)
JOHN W. PAINTER, JR.
First Assistant Attornq General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by David B. Brooks
Assistant Attorney General
APPROVED:
OPIMON COMMITTEE
C. Robert Heath
David B. Brooks
Tom BuIIington
Walter Davis
Bob Gammage
Susan Garrison
Rick GiIpin
Bruce Youngblood
p. 363