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