Judges: JIM MATTOX, Attorney General of Texas
Filed Date: 2/21/1986
Status: Precedential
Modified Date: 7/6/2016
Honorable Brad Wright Chairman Committee on Public Health Texas House of Representatives P.O. Box 2910 Austin, Texas 78769
Re: Whether it is unconstitutional to impose the $3 court cost set out in article 8309-1, section 14(b), V.T.C.S., on persons convicted of certain traffic offenses that occurred before September 1, 1985
Dear Representative Wright:
You have asked about recent legislation that imposes a $3 court cost on a person who is convicted of certain traffic offenses. The money is to be paid into the Crime Victims Compensation Fund. V.T.C.S. art. 8309-1, § 14. The prior version of article 8309-1 set a court cost of $12.50 for misdemeanors punishable by a fine of not more than $200. Acts 1983, 68th Leg., ch. 475, at 2764. But persons convicted of a traffic offense under article 6687b, V.T.C.S., or article 6701d, V.T.C.S., were exempted from payment of that court cost. Id. at 2765.
A 1985 amendment reduced the court cost attached to misdemeanors punishable by a fine of not more than $200 from $12.50 to $3, and it eliminated the exemption from the court costs for traffic offenses under articles 6687b and 6701d. The amending act took effect on September 1, 1985. Acts 1985, 69th Leg., ch. 135, at 732.
You ask whether the $3 court cost on traffic offenses under articles 6687b and 6701d can constitutionally be applied to offenses that occurred before September 1, 1985.
It is well settled that a law that inflicts a greater punishment than that annexed to a crime when committed is an ex post facto law. Ex parte Alegria,
Very truly yours,
Jim Mattox Attorney General of Texas
Jack Hightower First Assistant Attorney General
Mary Keller Executive Assistant Attorney General
Robert Gray Special Assistant Attorney General
Rick Gilpin Chairman, Opinion Committee
Prepared by Sarah Woelk Assistant Attorney General