Untitled Texas Attorney General Opinion

AWS-~IN. TEXAS 78711 September 5, 1973 Honorable Ken Andrew8 Opinion No. H- 95 County Attorney Young County Re: Whether probation fee Graham, Texas may be collected from persons placed on pro- bation after conviction Dear Mr. Andrews: fdi misdemeanor You have requested the opinion of this office on two questions: “1. Whether the person placed on probation under a misdemeanor can be made to pay a proba- tion fee of not more than $10.00 per month? "2. Who collects the probation fee? ” You comment that: “Under Article 42.12 the felony probation .law, the District Judge may assess a probation fee not to exceed $10.00 per month as a term of the probation. “We are unable. to find any authority under which a misdemeanor defendant who has been placed on probation can be made to pay a probation fee. I’ Article 42.13 of the Texas Code of Criminal Procedure, the Misdemeanor Probation Law, does not contain any provision for charging a misdemeanor defendant a supervisory or probation fee. However, $ 5 6(a) and ,l2, respectively, of Article 42.12 of the Texas Code of Criminal Procedure, the Adult Probation and Parole Law, provide: p. 439 The Honorable Ken Andrews, page 2 (H-95) “Sec. 6a. (a) A court granting probation may fix a fee not exceeding $10 per month to be paid to the court by the probationer during the probationary period. The court may make payment of the fee a condition of granting or continuing the orobation. ‘I. . . “Sec. 12. The provisions of Sections 6a. 10, and 11 of this Article also apply to Article 42.13. ” The above provision of 0 12 of Article 42.12 authorizes charging a probation or supervisory fee to a misdemeanor defendant who has been placed on probation, if the court so directs. Attorney General’s Opinion C:64g holds to the contrary; however this opinion was written befo.re the enactment of the above sections 6a(a) and 12 of Article 42.12. In answer to your second question, $ 6a(a) provides that the fee is “to be paid to the court by the probationer” and $ 6a(b) provides that “the court shall distribute the fees [in the matter provided]“. It is our opinion, therefore, that the fee is to be collected by the court or at least under the court’s direction. SUMMARY The court may direct the payment of a probation fee of a misdemeanor defendant who has been placed on probation, such fee to be collected by or under the direction of the court. Very truly yours, A L. HILL Attorney General of Texas p. 440 The Honorab,le Ken Andrews. page 3 (H-95) APPROVED: DAVID M. KENDALL, Chairdan Opinion Committee p. ,441