Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF T;(E ._ AITORNEY GENERAL OF TEXAS.‘--“‘- -*‘+‘- “--{ AUSTIN Honorable R. c. Wilson County auaitor Gray County minpa, %ms Dear Sir2 Your letter of noblle or any other r,otor vckiclo upon sny ?ublio road or hip$wuy in this btcte, or upon uny street or alloy within the limits of an incorporated city, tom or villazo, while nuah garson is fn- Zoxicatod or under the influmoo of intoxicating, liquor, shall bs Guilty of 0. nisdoacmor, ciod upon convlotlon, chall bo punished by oonflnomont 10 the County Jail for not lsoo than ton (10) days ? Honorable R. C. i?ilson, Pago 2 nor more than two (2) years, or bp’a fine of not loso thanITifty Dollars ($50) nor more than ylve Huundrad Dollars (c500); or by both such fine and~ixprisonment.W * hrticlo 049, Vernon's Annotated Code of Criminal prooodure , r6aas as r0il0w3: Tloney colloctod by an offlcor upon re- -. co&zances, ball bonds and othar oblicatlons recovered upon in the name of the State undar any provision Of this Code, and all fines, i rorfoitures, judCiaont3 and jury fees, colleot- ed under any provisioi: of this CoCo, shall rorthv;ith be paid over by the officers col- lotting the same to the county treasurer or the prhpor County, after first deducting thore- from the la&al reos and oo:~issions for col- lectin& the same." Article 6700, 7ernonqs hn:iotnted Civil Statutes, reads as follows: ~Finas colloctod for violation3 0r any hiSWay law as set forth In Chapter11 of Title 13 0r the Ponal c0a0, shall be used by the municipality or the counties in which the sane &ro assessed and to v:hich tha sams are payable, in the construction and maintenance of roads, bridCes and culverts thoreis, and for tho on- rorccnont or the traffic 14~3s regulating the use of the public hiShr;ays by motor vehicles and motoroyclos, and to help defray the expense or countytrorric orricers.** Article 1626, Vernon's Annotated Civil Statutes, provides: WClaln3 a::ainst the county shall be r&s- tored in three olansos, as fol1ov.s: "1. nil jury scrip and scrlp.issued for foeding jurors. “2. All sorip issued under the provisions of the road law or ror work done on roads and br/dSoo. Eonorable B. C. ii'ileon,page 3 "3. All the General Indebtedness of the county, including roeding and guardin prison- ers, and pcupers' ~laim3.~ - Article 1628, Fornon's .4nnotatea Civil Statutee, provides in part: "Tix~fundc received by the county troaw- ;rrcr shall bo cla3sod us rollox, and shell be oppro>riated, respoctivaly, to the payment of all claims rerglstered in the first, second and third classes:. ". . I "2. All money received under any of the provisions of the road and bridge 1~1x7,in- cludi;lc the ~enaltles recovered from railroads rOr fcilin~ t0 repah OrO3sixS, and all riEoW ana forreitxzes. 2 of Articla l&B @x03 Section all aoney icon- tiorad therein in olass tvlo of Article lC2C. Thoreforo, you are respoctrully advised thnt it is the opinion of this department that I3oney obtained for fines in cases under Arti- cle 802, Vernon's Annotated zenal Coda, should be paid to the county traonurcr and placed in the road and bridge fund. , Our opinion No. O-3032 supports the conoluelon reached in this opinion, and v