Untitled Texas Attorney General Opinion

.E GXCNERAI. OF TEXAS .,..', Arrwrm. TEXAW 78711 October 10, 1,9G8 Gad& CC?----//hi- Honora'ble Wilson E, Speir opinion NO. ~-286 Texas Department of Public S,afety 5805 Noxth Lamar Blvd, Box 4085, North Austin Station Acstin, Texas Re: Payment of Zourt costs by the ,Depart- Dear Colonel Speir: ment of Public Safety You,have requested an opinion concerning,whether 3 bill rei,:eivedfr~om the County Clerk of Val Verde Cqunty assessing $21;50 court costs ,ag%inst the State of Texas in C?,use No; 2545. Georgia Miers Paul v. Texas Department of Public Safety, may be paid by the Department from its current appropriation. Secti,on 6 of Article VIII of the Constitution of Texas prov:des that no money shall be drawn from the treasury but in pursuance of specific appropriations made by law; Pickle v. Finley, 9L Tex, 484, 44 S.W, 480 (1898).. In Attorney General Opinion V-554 (19481, the provisi~ons of the qene:?l~ Approp,riations Act of the 50th Legislature. Regr~:3? Session, 'tjereconsrrued"a~s',tbey~ relate to' then ~'~ -' Department of Public Safety, and it US held that no item of ,approp"iation f~or the Department of Public Safety could be expended for the payment of court costs, Since ItezrNo: 55 of the Approp:riation Act involved in Attorney Gener31 Opinion V-554 11948) was for (3mong other purposes) t"e purpose of "other necesssry departmental expenses", such p?.rasewas nor construed to include payment of court clxits, T?r current Appropriation Act (rouse Bill 5. A&s 60th Legis,l3tur~e(1st Cslled Session 19681 does hot CorLt~aln3n ~ltem I,?the approp~ri,s rion to the Deps~rtmen: of Publ~zc Ssfe t'yspi.cxfysg court costs. Since the Legisl3ture ~:~4d made Ian the Gerer31 Appropristisn Act various specific appropr!sticns for the p2yment of court~costs (Attorney Gen??i 's Office and R'ighba,yDepsrtnent, among other d~ep3irr~~. nents of Ststn goverrment.) 3s well as appropri,ations for operati,ng expenses I't is our oplnior t'r3 c :t:c Fr'oper - 1395- Hok, Wilson E, Speir, page 2 (M-286) construction of the current General Appropriation Act would exclude the payment of court costs, as was the result reached in A.ttorney General Opinion V-554. 619481 of the General Appropriation Act of the 50th LegisLature, It is settled law that when the Legis- lature imposes an additional duty upon an officer and fails to provide additional compensation therefor, the officer must nevertheless perform such duty with- out tize f~urther~compensation, Binford v. Robinson, ,112 Tex, 84,, 244 S-V?. 807 (1922) ~ You are therefore advised that the court costs referred to in your reqcs,t are not payable from the current appropriation to the Department of Public Safety, SUMMARY Court costs are not payable from the cursent appropriation to the Department of Public Safety. Prepared by dobn Reeves Assistant Attorney General, APPROVED: OPINION COMMITTEE FJ%ithorne Ph,iliipsl Chairman Ker~ns Tsylor, CO-Ctrairmar. JosepF. H, Sk3 rpiey Fielding Early Ben H%rr,ison Ste:ven Hol~l,3i-an 4 A, JG CARUB'B:, JR. Executive Assistant - 1396 -