Untitled Texas Attorney General Opinion ( 1948 )

Hon. Ii&r .D&m, .JrJr, bpixlfon Ho0 v-649 Coun?y Attorne Jid Wells Couue J ,RoI .Assrs&nt of costs, Alice, Texas - a$tw placing an adult ~dofamlant au probation AttsntWiat Bon. in 0 salary county, Parker Bllsey Dear Sir: : we refer to Jrour letters in which you ask if costs should be assesred against a defendant who has been placed on probatfon after tionvfctfon in a criminal - - case fn a salary Couut~$. You have not re- ferrea us to any authority which distfnguafshes ,be- Ween fee countLeg tid.silarf countf&s concernfng liability. of a convicted defo&ant for o6sts in a ~criminol case and we haw fOUZ&noWi Therefore this opfnion applies to both such., oounties, S&ctlon 31 of Artfcle 781b, V&rnonDs Code of, Criminal. Procedure p readsr “For the purpesr of ,detenining .when fees are to be paid-to pay officer or office, the placfng .of th,e defez@ant on probation tihall~be considered .a,flual ditiposftfon of that,case, with+ the n~osslty oft waiting for the’ termination of the period of proba, tfon ,or ‘su~spension Of 8eutencera .The lauguage. ‘ftir the purpebe of de$errin- ing when’fees are to be paid to any ,offfcer or offfcen makes plain that ,a11 such fees becore due and payable at the t.ire the defendant fs placed on probation so that procass map issue therefor, Language that is plain Is not subject to constpuctioii. The ,assessrent and collection of costs fs’not affected by placing- the defendant on probitfon. Hen. Homer Dean, Jr. - Page 2 (V-&1 sec. 3.l of &%a 781by v. c. co r, vi%es that the febs are te be ?ail te t IF officers at the time the defendant IS placrl en probation even though the case be trfe% in a salary county, Yeurs very truly,. ATTOBl’iEY O=lUL OF TSXA8 WTW rwb Assistant