OFFICE OF T;(E
._
AITORNEY GENERAL OF TEXAS.‘--“‘- -*‘+‘- “--{
AUSTIN
Honorable R. c. Wilson
County auaitor
Gray County
minpa, %ms
Dear Sir2
Your letter of
noblle or any other r,otor vckiclo upon sny ?ublio
road or hip$wuy in this btcte, or upon uny street
or alloy within the limits of an incorporated
city, tom or villazo, while nuah garson is fn-
Zoxicatod or under the influmoo of intoxicating,
liquor, shall bs Guilty of 0. nisdoacmor, ciod
upon convlotlon, chall bo punished by oonflnomont
10 the County Jail for not lsoo than ton (10) days
?
Honorable R. C. i?ilson, Pago 2
nor more than two (2) years, or bp’a fine of
not loso thanITifty Dollars ($50) nor more
than ylve Huundrad Dollars (c500); or by both
such fine and~ixprisonment.W *
hrticlo 049, Vernon's Annotated Code of Criminal
prooodure , r6aas as r0il0w3:
Tloney colloctod by an offlcor upon re- -.
co&zances, ball bonds and othar oblicatlons
recovered upon in the name of the State undar
any provision Of this Code, and all fines,
i rorfoitures, judCiaont3 and jury fees, colleot-
ed under any provisioi: of this CoCo, shall
rorthv;ith be paid over by the officers col-
lotting the same to the county treasurer or
the prhpor County, after first deducting thore-
from the la&al reos and oo:~issions for col-
lectin& the same."
Article 6700, 7ernonqs hn:iotnted Civil Statutes,
reads as follows:
~Finas colloctod for violation3 0r any
hiSWay law as set forth In Chapter11 of Title
13 0r the Ponal c0a0, shall be used by the
municipality or the counties in which the sane
&ro assessed and to v:hich tha sams are payable,
in the construction and maintenance of roads,
bridCes and culverts thoreis, and for tho on-
rorccnont or the traffic 14~3s regulating the
use of the public hiShr;ays by motor vehicles
and motoroyclos, and to help defray the expense
or countytrorric orricers.**
Article 1626, Vernon's Annotated Civil Statutes,
provides:
WClaln3 a::ainst the county shall be r&s-
tored in three olansos, as fol1ov.s:
"1. nil jury scrip and scrlp.issued for
foeding jurors.
“2. All sorip issued under the provisions
of the road law or ror work done on roads and
br/dSoo.
Eonorable B. C. ii'ileon,page 3
"3. All the General Indebtedness of the
county, including roeding and guardin prison-
ers, and pcupers' ~laim3.~ -
Article 1628, Fornon's .4nnotatea Civil Statutee,
provides in part:
"Tix~fundc received by the county troaw-
;rrcr shall bo cla3sod us rollox, and shell
be oppro>riated, respoctivaly, to the payment
of all claims rerglstered in the first, second
and third classes:.
". . I
"2. All money received under any of
the provisions of the road and bridge 1~1x7,in-
cludi;lc the ~enaltles recovered from railroads
rOr fcilin~ t0 repah OrO3sixS, and all riEoW
ana forreitxzes.
2 of Articla l&B @x03
Section all aoney icon-
tiorad therein in olass tvlo of Article lC2C. Thoreforo,
you are respoctrully advised thnt it is the opinion of this
department that I3oney obtained for fines in cases under Arti-
cle 802, Vernon's Annotated zenal Coda, should be paid to
the county traonurcr and placed in the road and bridge fund.
, Our opinion No. O-3032 supports the conoluelon
reached in this opinion, and vUntitled Texas Attorney General Opinion
Combined Opinion