A-rrORNlcY C.RNRRAI-
I
January 9, 1968
Miss Edna Cisneros Opinion No; M-184
county Attorney
Willacy County Re: Fees to be collected in
Courthouse Felony and Misdemeanor
Raymondville, Texas Cases
Dear Miss Cisneros:
Your request for an opinion poses the following
questions:
1. What fees are peace officers entitled to
collect in misdemeanor cases and felony
cases?
2. What fees is the District Clerk entitled
to collect, in felony cases?
Fees allowed the sheriff and other peace officers in
misdemeanor cases are governed by the provisions of:Article
53.01, Vernon's Code of Criminal Procedure. Attorney General's
Opinions No. C-605 (19661, C-688 (1966), C-596 (1966) .and C-542
(1965). Article 1029, Vernon's Code of Criminal Procedure,
applicable to Willacy County, prescribes the fees allowed the
sheriff and constables in felony cases and Article 1064, Vernon's
Code of ,Criminal Procedure, as amended by House Bill No. 79
(Acts 60th Leg., 1967, ch. 743, p. 20101, prescribes the fees
allowed District and County Clerks in criminal cases. Attorney
General's Opinion No. M-168 (1967).
It was held in Attorney General's Opinion No. M-168
that House Bill No. 79 (Acts 60th Leg., 1967, ch. 743, p. 2010)
merely changed the amount of fees payable to District and
County Clerks in criminal cases and re-affirmed Attorney General's
Opinion No. W-820 (1960).
You are, therefore, advised in answer to your first
question that fees to be collected by peace officers in misde-
meanor cases are governed by the provisions of Article 53.01,
Vernon's Code of Criminal Procedure, and fees in felony cases are
those prescribed in Article 1029, Vernon's Code of Criminal PrO-
cedure. In answer to your second question, you are advised that
fees allowed the District Clerk are those fees set out in Article
1064, Vernon's Code of Criminal Procedure.
-880.
Miss Edna Cisneros, page 2, (M-184)
We are enclosing with this opinion Attorney General's
Opinions No. W-820 (1960), C-542 (1965), C-596 (19661, C-605
(1966), C-6,8,8(1966) and M-168 (1967).
SUMMARY
Fees to be collected by peace officers
in misdemeanor cases are governed by the pr,o-
visions of Article 53.01, Vernon's Code of
Criminal Procedure, and fees in felony cases
are those prescribed in Article 1029, Vernon's
Code of Criminal Procedure. Fees allowed the
District Clerk are those fees set out in
Article 1064, Vernon'sCode of Criminal Pro-
cedure.
L
truly yours,
General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
W. V. Geppert
Robert Owen
Bill Craig
Jo Betsy Lewallen
STAFF LEGAL ASSISTANT
A. J. Carubbi, Jr.
-881-