THE ATTORNEYGENE-
OF TEXAS
w’miL WILSON
*x-roRNEY GENERAL
March 29, 1962
Hon. W. W. Kilgore Opinion Ro. WW-1290
County Attorney
Victoria County Rer Whether justice courts or county
Victoria, Texas courts have jurisdiction to try
persons who are charged with vlo-
lating the provisions of Article
Dear Mr. Kilgore : 802e of Vernon’s Penal Code.
We have received your request for an opinion as to
whether justice courts or county. courts have jurisdiction to try
ersons who are charged with violating the provisions of Article
t;02e of Vernon Is Penal Code.
Article 8020 of Vernon’s Penal code of Texas prwldes
in part as follows :
“Any male minor who has assed his 14th blrth-
day but has not reached his 1 f;th birthday, and any
female minor who has ssrd her 14th birthday but
has not reached her 1 I?th birthday, and who drives
or operates an automobile or any other motor vehicle ~
on any pubbic road or highway in this State or upon’
any street or alley within the limits of any city,
town or village or upon any beach as defined in
Chapter 430, A&s of the 5lst Leg&il.&Ire, 1949,
while under the influenoe of intoxfcatlng liquor
or who drives or operates an automobile or any o c her
motor vehicle in such way as to violate any traffic
law of.this state, shall be guilty of a misdemeanor
and shall be punished by a fine of not more than
One Hundred Dollars ($100.00). . . .,w
nSectlon 2. No such minor after conviction or
plea of gu$lty and imposition 0i fine, shall be com-
mitted to any jail in default of payment of the fine
Imposed, but the court imposing such fine shall have
power to suspend and take possession of such minor ‘8
driving license and retain the same until such fine
has been paid.”
t%ection 4. The offensrs created under this
Act shall be under the jurisdiction of the COUrta
regularly empowered to try misdemeanors carrying
Hon. W. W. Kilgore, page 2 (WW-1290)
the penalty herein affixed and shall not be
under the jurisdiction of ihe Juvenile Courts;
but nothing contained in this Act shall be
construed to otherwise repeal or affect the
statutes regulating the. powers and duties of
Juvenile Courts. The provisions of this Act
shall be cumulative of all other laws on the
subject.”
Justice of the Peace or Justice Courts are provided
for in the Constitution of Texas. Article V, Section 19 of the
Constitution reads :
“Justices of the peace shall have juris-
diction in criminal matters of all cases where
f&e to be bmsed bv law GLY
gt k?%Fg t”u for two Q&red dw
and skh other jurisdiction criminal or ai%,
as may be provided by law kder such regula-
tions as may be prescribed by law.”
It has been held that the Justice Courts have no juris-
diction to try cases when the punishment exceeds a pecuniary fine
of two hundred dollars. Imprisonment for any length of time or a
susoension of a license in addition to a fine has been held to
remove the criminal offense from the jurisdiction of themJustice
~;~~1W.Tk&+.&&&011~~5rim. 369 (1876); Morris v. State,
Article 60, V,C.C.P., reads as follows:
V’Justices of the peace shall have juris-
diction in criminal cases where the fine to be
iIIIDOSed bv law mav not exceed two mdred do&-
J&g& ”
In &rris v 0 Stau o mp the Court of Criminal Appeals
held that a statute providing for punishment by a fine of not more
than two hundred dollars and forfeiture of hunting license and
right to hunt for one year removed the case from the jurisdiction
of the Justice Court. Here, of course, there was fine & a for-
feiture.
Article 917, Code of Criminal Procedure, provides that
the defendant shall remain In the custody of the sheriff until the
fine and costs are paid. Such imprisonment is not an additional
penalty but rather ,.., an aid in’ the collection of the fine.
. .
Hon. W. W. Kilgore, page 3 (WW-ET.gOJ
It is our interpretation of Section 2 of Article 802e,
V.P.C. that the penalty set out is a fine of not more than One
Hundred Dollars. Although Section 2 states that "the court im-
posing such fine shall have power to suspend and take possession
of such minor's driving license and retain the same until such
fine has been paid," its purpose is analogous to Article 917,
V.C.C.P. and is only applicable upon failure to pay the fine.
Section 2 is not an additional penalty, but is likewise an aid
in the collection of the fine.
The Justice Courts have jurisdiction to try per-
sons charged with violating Article 802e of Vernon's
Penal Code.
Yours very truly,
WILL WILSON
Attorney General of Texas
Irwin R. Salmanson
IRS:bjh:wb Assistant Attorney General
APPROVED:
OPINIONCOMMITTRE
W. V. Geppert, Chairman
Robert Lewis
Fred D. Ward
Elmer McVey
RRVIEWRDFCRTREATTOFi~YGENEFlAL
By: Houghton Drownlee, Jr.