Untitled Texas Attorney General Opinion ( 1939 )

,+wrm 11. TEXAS February 6, 1939 Hon. Fred Norris, County Auditor LiViUg8tOU, Texa8 Dear Sir: opin1otl NO. o-147 , Half C,O8t paId officer8 Your requeet for an opinioa on the following qUe8tiOn8: "Are fee offlcer8 entitled to 'one-half of their fees, where there.18 no evidence,of a'con- vict having worked, even If he va8 committed to the workhotie,? 18 It pO88lble for a Commlsf+loaer8~ Court to create a workhouse with those restrictions?" ha8 been received by this Offide. Thlls department rendered an .oprnion on Januaryll, 1939 construing Article 1055 Co'de of Criminal .Frocedure, holding.ln ef- fect that Chapter'488 of the General and Special Law8 of the Fortg- ,Fifth.Legislature, same being House Bill No. 127, of the Regular Session', is void, being in ~ODtrOVeDtiOD of SectiOn 35, Article 3 of the COn8titUtiOn and that Article 1055..Code of Criminal Pro- cedure, 1925, not having been repealed, and the amendatory act' being unconstltntlonal apd entirely void'18 atill the law and all fee officer8 are subject to its provisions. Article 1055 Code of Criminal Procedure, 1925, read8 a8 follow: "The county shall.be liable to each officer and witness having costs in a misdemeanor case for only one-half thereof where the defendabt has satisfied the fine and CO8t8 adjudged againat him In full by labor In the workhouse, on the county "'~'~ farm, on the public rOad8~'or upon any public work8 of the county; and to pay 8Uch half of such legal CO8t8 88 m8y have been so taxed, not including corn- missions, the county j~udge ah811 i88Ue hi8 warrant upon the county treasurer in favor of the proper party, and the 8ame 8h8ll be paid out of ~the,road and bridge fund or other fund8 not otherwise ap- propriated." Bon. Fred Norris, Page 2, No. O-147 Article 794 Code of Criminal Procedure, provide8 in ef- fect; where the punishment assessed In a conviction for misdemeanor is confinement in jail for more than one day, or where in such con- vlct:on the punishment Is assessed only at a pecuniary fine and the party so convicted Is unable to pay the fine and costs ~adjudged against him, those so convicted shall berequired to do manual labor in accordance with the provisions of said act and under the rules and regulations set forth in said article. Sections 1,2,5,6,8,9, and 10 of Article 794 Code of Crlm- inal Procedure, reads a8 follows: "1. Each commissioners' court may provide for the erection of a workhouse and the eat- abllshment of a county farm in connection there- with for the purpose of utilizing the labor of said parties 80 convicted. 2. Such farm8 and workhouses shall be' under the control and management of the commlssioners~ court, and said court may adopt 8UCh rules and regulations not Inconsistent with the laws as they deem necessary for the successful,management and operation of said institutions and for effectively utlllzl,ng said labor. 5. They shall be,put to labor upon the pub- lic roads, abridges or other' public.works of the county when their labor cannot be utl~lleed~in the county workhouse or county farm-~ 6. They shall be required to labor not less than eight nor more than ten hours each day, Sun- days excepted. No person shall ever be required to work for more than one year. 8. When not at labor they may be confined in jail or the workhouse, a8 may be moat .conveoient, or a8 the regulations of the Commissioners' Court may prescribe. 9. A female shall in no case be required to do manual labor except in the workhouse. 10. One who from age, disease, or other phy- sical or mental disability is unable to do manual labor shall not be required to work, but shall re- main in jail Until hi8 term Of impri8OIXiIentis ended, or until the fine and cost8 adjudged against him are discharged according to law. His inability to do manual labor may be determined by ,a physician appointed for that purpose by the county judge or the Commissioners' Court, who shall be paid for -- aon. Yred Norris, L:r;ge 3, No. O-l&T such service such compensation as ssid court may allow." In view of the foregoing statutes you are respectfully advised that it is the opinion of this department that the Commis- sioners' Court may adopt 8UC.h rule8 and regulations not inconsistent with the laW8, as they deem necessary for the successful management and operation of said institutlons,~and for effectively utilizing said labor, mentioned in Article 794 Code of Criminal Procedure, and that one who is physically or mentally unable to do manual labor, shall not be required to work but shall remain In jail until hi8 term of imprisonment is ended or until the fine and costs adjudged against him are discharged according to law. His Inability to do manual la- bor may be determined by a physician appointed for that purpose by the County Judge or the Commlesioner8~ Court, and that unless a per- 8on convicted of a misdemeanor 18 placed 113 the WOr?ihOU8e or COUnty farm, or doe8 8ome other public work as provlded in said statute, the officials would not be entitled to half of the cost In such case8 and that the Commisaloners Court has the right and authority to make an order a8 mentioned in yOUr letter. Trusting that the foregoing answer8 your $nquiry, we remain Yours very truly ATTORNYY GENERAL Cl?~TEXAS By-/s/ A~ndell William AW:ob-RX A88i8tant 4PPROVRD: /8/ Gerald C. !@nn ATTORNEY GENRRAL OF TEXAS