The Attorney General of Texas
JIM MAnOX February 21, 1986
Attorney General
!y;.max~2u~“di”0 Eonorablc Brad Wdgbt opinion No. JM-443
chairman
A&. Tn 7S711.2545 Committee on Pub1j.c Health Re: Whether It is unconstitutional
512l4752501 Texas Eousc of Rex resentatives to Impose the $3 court cost set out
Telex 91Om711367
P. 0. Box 2910 in article 8309-l. section 14(b),
Tdecopler 5lU47M2sa
Austin, Texas 7f’769 V.T.C.S., on persons convic’ted of
certefn traffic offenses that
714 Jmkson. Suite 700 occurred before September 1. 1985
DeJlar. TX. 75202.4508
214l7428944
Dear Representatiw Wright:
4a24 Alber~,~ Ave.. Sullo 160 You have asked about recent legislation that imposes s $3 court
El Pa+o. TX. 799052793 cost on a person who is convicted of certain traffic offenses. The
9lw%x74a4 money is to be paid into the Crime Plctlme. Compensation Fund.
V.T.C.S. art. 830’3-1, 114. The prior version of article 8309-l set a
1001 Texrr,~Sulte 700
court cost of $12 JO for misdemeanors punishable by a fine of not more
~ouaton. TX. 77002-3111 than $200. Acts 1983, 68th Leg., ch. 475. at 2764. But parsons
7lY2235888 convicted of a traffic offense under article 6687b. V.T.C.S., or
article 67Qld, V.T.C.S.. vere exempted from payment of that court
cost. -Id. at 276!3,,
808 Broodww Sulto 312
Lubbock. TX. 79401.3479
W47.5230 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 ccemption from the court costs for traffic offenses
4309 N. Tenth. Sulle 6 under artlcles 66,87b and 6701d. The amending act took effect on
McAllm. TX. 785ol.laa5
5121882.4547 September 1. 1985. Acts 1985, 69th Leg., ch. 135, at 732.
You ask whet’her the $3 court cost on traffic offenses under
200 Maln Plaza. Suite 400 articles 6687b ard 6701d can constitutionslly be applied to offenses
sari ht0fti0, rx 782052797
that occurred bef we September 1, 1985.
512n25-4191
It is well settled that a law that inflicts a greater punishment
An EqualOpporlunity~ than that annexed to a crime when committed is an lx post facto law.
Alllrmallvr Acilon Empldw Ex paste Alcgria, 464 S.U.2d 868, 872 (Tex. Grim. App. 1971). Court
costs are part 0.f punishment. merE=; vyte Carson. 159 S.U.2d 126, 129
(Ta. Grim. App. 1942). upon conviction a criminal
defendant can only be charged those co&t costs that were actached to
the offense at the time it was committed. Thus, the $3 court cost
cannot be charged in connection vtth an offease under article 6687b or
article 6701d that occurred before September 1. 1985. See flicks v.
State, 587 S.W.2d 422. 423 (Tex. Grim. App. 1979) (applicxon of ney
p. 2016
Eonorablo Brad Wright - Pagal 2 (JK-443)
Penal Code to offenses ccnoitced before its effectiva date would
violate prohlbltion on ex lost facto lam); Plachy v. State, 239 S.W.
979, 981 (Tex. Grim. App. 1922) (application of law that changea rule
of avidcnce must be held iaapplicabla in trial for offense committed
prior to affective data of c’hange).
SUMMARY
The $3 court coat provided for in article
8309-l. section 14(b), V.T.C.S., la Inapplicable
to offenses undm: article 6687b. V.T.C.S., and
article 6701d. V.T.C.S., that were comnltted
before September 1, 1985.
JIM MATTOX
Attorney General of Texas
JACK EIGBTOWBR
First Assistant Attorney General
MARYKELLER
Executive Assistant Attorrey General
ROBERTGRAY
Special Assistant Attorne), General
RICK GILPIN
Chairman, Opinion Cocmittc~tr
Prepared by Sarah Woelk
Assistant Attorney Genera~l
p. 2017