Untitled Texas Attorney General Opinion

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 $pgf&&g;man Opinion CommittLe klw P. 4251