THE ATTORNEY GENERAL
OF TEXAS
AUWI-IN. TEXAS 78711
JOHN L. BILJ.
AT-rORNEY DE-R*L
July 29, 1977
Honorable Bill Stubblefield Opinion No. H-1031
County Attorney
Williamson County Re: Subpoena fees in mis-
Georgetown, Texas 78626 demeanor cases.
Dear Mr. Stubblefield:
You have requested our opinion regarding the assessment
of subpoena fees in misdemeanor cases.
Article 53.01 of the Code of Criminal Procedure estab-
lishes a schedule of fees to "be allowed the sheriff, or other
peace officer performing the same services in misdemeanor
cases, to be taxed against the defendant on conviction." At-
torney General Opinion M-184 (1968) held that these were the
proper fees to be assessed in misdemeanor cases, and we are
fully in agreement with that conclusion. Article 1029 of the
Code of Criminal Procedure is applicable to felony cases,
while article 3933a, v.T.c.S., clearly relates to fees in
civil matters. Accordingly, it is our opinion that the assess-
ment of subpoena fees in misdemeanor cases is governed by the
provisions of article 53,-01 of the Code of Criminal Procedure.
SUMMARY
The assessment of subpoena fees in mis-
demeanor cases is governed by the pro-
visions of article 53.01 of the Code of
Criminal Procedure.
Attorney General of Texas
APPROVED:
P. 4256
Honorable Bill Stubblefield - Page 2 (H-1031)
DAVID M. KEhfDALL, First Assistant
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Opinion CommittLe
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P. 4251