Untitled Texas Attorney General Opinion ( 1939 )

Mr. Qulncg Hawkins
County Auditor
Henderson County
Athena, Texas
Dear Sir: ; .~
op~n~o&o. ‘o-&i 3.
Re: Under the facts set forth,, '~
should the fllaeand costa
be tUFn& iat0 th4 CoIXaty :
treasurer for the benefit
of thG Sa$arg FuRd?
.Your request for astopiafolr'b~the above -&&Gd
qusstioa has bGeP rGCGiV6d by this OfficG.
YOUr letter rGad8 iP part a8 -fOllOWG:
"In the case of a county that is on the
Salary FundSystem a map Is ,triGd aad COlViCt.Gd
in District Couzt of driving while intoxicated,
aad is fitaed$59..00 aad costa.
"Thisfire is pald,to th4 District Clerk
of thin couatg.
"Uider the Salary Fuad Law shouldn't thl4
fiae aad costs.ha turned iato. the County Treaa-
urer for the benefit.of the S~alary.Fund?"
Article ;803 of~tha PGnnl Code reads a4 follows:
“Amy peraoa who driVGG or c&rates aa auto-
mobile or any-other RIOtOr:VGhiClGupoa.aay street
or all4y~or say other placp vithia th4 limit4 of
aag iacorporatGd,city,:totin,or village,,or upoa
sag public road:or highway ia this Stat4 while
such pGraOn is iatOXiCatGd, or in aBy.dQgree under
~the iuflueace of ~Iatoxicat~iag 1iquor;shsll upoa
conviction be confined in the penitentiary for
not more thaa two (2) years, or be confined la
the couatg jail for aot lea4 thaa five (5) day4
Mr. Quiacy Hawkins, Page 2 (O-681)
aor more than airsty (90) da 8 aad filed aot
leaa thaa Fifty Dollars (,$50 nor mors'thaa
i
Five Huadred Dollara ($50'0).
Article 949, Code of Crimlaal Procedure, read8
aa follow8:
"Mosey collected by aa officer upoa
recogaleaaces, bail bonds aad other,obliga-
tloas recovered upon in the namd of the
State uader any provision of this code, and
all flaes, forfeitures, judgmeata aad jury
feea, cdll4ctad under sag provision of
this Code, shall forthwith be paid over by
the officers collecting the same to ths couatg
treasurer of the proper CQUaty, after first
daductipg therefrom the lsgal f4Gs sad com-
mlssioas for collectlag the same.”
Sectloa 3 of Article 3912s, R. C. S., reads as
followsr
"la all cases where ths aouunissioaar~s
court ahall have dGtiGr#aSPedthat county offi-
cer8 or preciact officers ia such couaty shall
be cOmpcn8atGd for thGir services by the pay-
meat of aa aaaual salary, aeither the $tate
of Texas aor say county shall be charged with
or pay to say of the officers 60 cOmp4a8atGd,
sag fee orcommiasloa for the.pGrformaace of say
or all of ths duties of their offices but such
officer8 shall recG&va said salary ia lieu of
all other fees, commissioas or compeasation
which they would otherwise be authorized to re-
tain; provided, however, that the assessor and
collector of taxes shall coatiaua to collect aad
retain for the benefit of the Officers1 Salary
Fund or funds hereinafter provided for all fees
aad commissions which ha is authorized uadsr
law to coll4ct; and it shall bG hi8 duty to
accouat for and to:.payall such moPI received
by him iato the fund created aad provided for
under the provisions of this Act; provided
further, that the provlsioas of this Ssctlon
ahall not affect the paym4at of costs la civil
caae8 by the State but all puch costs so padd
shall be accounted for by the officers collect-
iag the same, aa thGy are rGqUir4d under the pro-
visions of thla Act to accouat for fees,commlnsioas
and cost8 collactad from prlvata parties."
Mr. Quincy Hawkins, Page 3 (C-681)
Section 5 of Article 3912e read8 in part asfol-
1OWS:
"It shall be the duty of all officers to
charge and collect
. in
_ the manner
.. . authorized
. by law
-.
all'fees ana comm1as1oas wnicn are permirtea oy
law to be assessed and collected for all official
service performed by them. As and when such
fees are collected they shall be deposited in
the Officers' Salary Fund, or funds provided in
this Act..."
Article 6700, R. C. S. of Texas, read8 a8 fol-
lows :
"Fines collected for violation8 of any
highway law aa set forth in Chapter 1 of Title
13 of the Penal Coda, ahall be used by the
municipality or the counties In which the same
are a88eUSed and to which the same are payable,
in the construction aad mainteaaace of road8,
bridge8 aad culverts thereia, and for the en-
forcemeat of the traffic laws regulatiag the use
of the public highway8 by motor vehicles and
motorcycles, and to help defray the expense of
county traffic officera."
Ia view Of the foregoing Statutes, you are respect-
fully,adviaed that it is the opinion of thi4 department that
the costs collectsd ia the CaSe mantloaed in your imqUir?J
should be deposited la the Officers 1 SalaryFuad of the couaty ia
which Such costs were collected and that since Article ooC cf
the Peaal Code appears iu Title 13, Chapter I, you are fur-
ther advised that the fiae should be deposited ia the
Geaeral Fund of the coulity to be expended for the pUrpO8eS
as eaumeratad ia Article 670O~.C;s.
Trusting that the foregoing answer8 your ia-
quirg, we ramala
Yours very truly
AW:AW:vb ATTORNRY GENERAL OF TEXAS
By Ardell Williams
.. Ardell William8
APPROVED JUL 12, 1939
ASSiStaRt
k%A:iI%%
ATTORNEY GENERAL
APPROVED
Oplaloa
Committee
By--RUF
Chairmaa