Untitled Texas Attorney General Opinion

OFFKE OF THE ATTORNEY
AUSTIN GENERAL OF TEXAS
Eonorabls I-:. P:. Beaslep
county Auditor
Collin Cocuty
1:cKinaey, Texas
Dear Sir:
ts asmxoa agninst
.OO. He mkes
nbout 920,
supra, applies alOn8 to convictions before jUStiCeS of
the peace. 28e Rx Part9 Farcundez (Toxas Court of Crimin-
al Appeals), 57 C. ;'I.(2d) 578 nnd Rx I'arte!IcI.aur,hlin
(Texas Court of Criminal Appeols), 60 S. X, (Zd) 786.
IIonorableIi.E. Besslcy, Page 5
?Y8quote from opinion O-441 of this department
ES r0iiom :
"It is the opinion of thin department that
$3.00 per day is the proper rate for allowance
or credit to be given prisoners who have beon
convicted of misdemeanors for serving time in
jail, or for working out their fines as provid-
8d by law. . . . It is the further opinion of
this depsrt&ent that Article 920 of the Code of
Criminal Frooedure of Texas applies only to Con-
victions obtnined in justice courts but the same
is mandatory as applied to justice courts. For
example, A, B and C are all convicted in justice
courts for misdemeanor. h’s fine and costs amount
to $15,00; 5's fine and costs amount to z30.00
and C'S fine and coats ano.untto $45.00. Under
Article 920 Or the Cod8 of Criminal Procedure of
TBXaS, although said article allov;s$3.00 per
day for jail service, said article further pro-
vides a nininum of ten days inqrisonriient. A must
serve the minimum of ten days. B's fine and .
costs amount to $36.00 vihichdivided by $3.00
would make ten days. C's fine and costs ariount
to ;!45.00;he is allowed $3.00 per day; he must
serve 15 days.n
!I'e
quote frofiopinion MO. O-1015 Of this depart-
ment, rendered September e, 193S, as follows:
*It is therefore, our opinion that a pris-
oner convicted in the justice court, when his
total fine and costs is a sum Under @O.CO should
receive credit for only one-tenth of the total
amount for each day he serves. To illustrate,
and carry Err. '9 example rurtt!1er,
A,
whOs8 fine and costs amount to $l5.00 should re-
ceive credit for $1.50 for 8ECh day served in
custody; should he elect to pay the balance of,
his obligation in cash after five days in jail,
he should be required to pay Y7.50 in cash."
Opinion :;o.O-1578 of this Department holds that
a constable is entitled under nrticle 1.055,Cod8 of Criminal
Yrocedure of Texas, to balf COSts on that part Of the time
a defoUdant rczains in jail or works for the county when he
so dischnr,:espart of the fine ond costs and paps ofl'a part,
and that the s&s shall be properly prorated.
Honorable I!.3. Beasley, Page 6
Opinions Iios.O-469 and O-765 of this depart-
ment hold th.atwhere only a part of the fine anticosts
are collected, that the nioneycolleoted should go first
to the payDent of the costs and the balance, if any, to
the amount of the fine and that where thero is not enough
collect& to pay all ol the costs, the Eoney should be
prorated and that in such a case one officer haa no prior-
ity over another. x’equote from opinion X0. O-755 ak
follows: -
*In view of the trial fee above provided,
being a part of the costs, and by reason that
the justice of the peace is paid by the county,
It is our opinion that the $9.50 in question
should be prorated on tho basis of 35.00 to
the county attorney; $5.50 to the constable and
$4.00 to the county, which figures approxlnate-
ly sixty-four and a fraction aents on the dol-
lar. The county would get its pro rata part of
the payment.**.
Opinions Kos. O-469 and 755, supra, cite Article
949 cf:the’-Code
of CrirainalProoeclureof Texas, ahlch reads
as fcllovis:``
Qoney collected by an otficer open reoog-
nlzance, bail baud8 and other obligations reoover-
ed under auy provisions of this code, and all
fines, forfeitures,judgments and jury tees, ool-
lected under any provisions of this code, shall
forthwith be paid over by the officers collect-
ing the aame to the county treasurer of the prop-
er county after first deducting therefrom the
legal fees and consissions for collecting sasLe.w
7UnderscorLng ours)
You are, therefore, respectfully advise& as fol-
lows: >
1. Your first quention is answered in the affir-
mative.
2. Your second question is answered in the affir-
rzative.
3. Your thlzd question In answered in the negative.
4. Your fourth question is answered in the nega-
tire. In your particular Latter the total of dofendantls
Konorable k. E. Beasley, Page 7
fine and costs, includin(r.
the costs of the cuGias pro fine
and mileage to the county fara, is :!z23.00.The defendant
should be allovted$2.30 credit on his fine and costs for
each day he serves on the county fern.in this case.
5. In answer to your fifth question, it is the
opinion of this department that vrhereonly a part of the
fine and costs ase aollected, that the money collected
should go first to the payment of the costs and the baL
ante, if any, to the ariountof the fine, and that where
there is not enough coll.ectcdto pay all the coots, the
rboneycollected should be prorated betu:eenthe arresting
officer, the county attorney and the county, That no of-
ficer has priority over another in such E;atter. For ex-
a.%ple,if the fine end costs a&ouat to $23.00; as in your
case; the fee of t.hacounty attorney amounts to $5.00;
the fee of the constable amounts to $13.00 end the trial
fee amounts to $4.00; if tho defendant paid S6.00 in cash
and the balance is worked out on the county farm the arrost-
in6 officer would be entitled to $3.55 of the cash payz.ent,
the county attorney.vJouldbe entitled to $1.36 of the cash
payment and the county (as its portion of i.hetrial fee)
would be entitled to receive $1.09 of the cash paykent.
The a::restingofficer and the county attorney v*ouldalso
be entitled to receive payment from tbe county uuder Arti-
cle itJ55,Code of Criminal Procedure of Texas, one half of
the t-lance of their fees for the time the defendant work-
ed.oul the balance of his fine and costs. Under the emm-
ple quoted above the arresting officer would be entitled
to receive from the county the sum of $4.72; the county
attorney :ould be entitled to receive from the cbunty the
sum of $1.22. The total sum received by the arresting of-
ficer from both sources would be $3.27; the total susare-
ceived by the county attorney from both sources would be
G3.18.
C. The amount due under your sixth question would
be $7.50.
Trusting that this satisfectorilyanswers your
inquiry and with best regards, we are
Very truly yours