Untitled Texas Attorney General Opinion

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN Honorable Burl Brittain County Auditor San Patricio County San Antonio, Texas Dear Sir: Your request for the folio d4 ng questions: by the court, entitled to a ewe or.mileage See over ana 0119sAnnotated or Article 1058, xas, 1925, as ounty, Texas?" y considered by this Depart- lation of San Patricia County last preceding Federal census. respectfully call a, Vernon's Anno- al Procedure of Texas has no official ion as a law of Texas. This Article is icle 1058, Code of Criminal Procedure, Ronorable Burl Brittain, Page 2 1925, These articles are identical and are derived from Acts 1925, 39th Legislature, Chapter 98, p. 273. Article 1058, code of Criminal Procedure is carried ana placed in the 1925 Code of Criminal Procedure. There is no Article 267a, Coae of Criminal Procedure to be found in said Code, Vernon's Article 367a, referred to above, shows on its fact that it was inserted by its compiler. This insertion was clearly erroneous ana wholly tiecessary. Article 1058, Code of Criminal Procedure of Texas, 1925, as amended by Acts 1935, 44th Legislature of Texas, p. 476, Ch. 192, reads as follows: "BE IT ENACTm BY THE LEGISLATUHE OF 'IKESTATE OF TEXAS: "Section 1. Thet Article 1058 under Section 1, Chapter 98, Page 273, Acts of 1929, shown as Article 1058 of the Code of Criminal Procedure, 1925 Revision, as amende,dby Acts of 1927, Fortieth Leg& islature, Page 320, Chapter 217, Section 1, as fur- ther emended by Acts of 1927, Fortieth Legislature, First Called Session, Page 154, Chapter 54, Section 1, as further amended by Acts of 1930, Forty-first Legislature, Fourth Called Session, Page 93, Chapter 32, Section 1, and further amended by Acts of 1931, Forty-second Legislature, Page 222, Chapter 130, Section 1, be and the same is hereby amended so as to read as follows: "Section 1, Article 1058. Each walking grand _ jury bailiff appointed as such bailiff shall receive as cornensation for his services the sum of Four Dol- lars (i4.,00)for each day he may serve and each riding grand jury bailiff appointed in scunties of a popula- tion of one hundred and fifty thousand (150,000) or more, according tothe last Federal Census, shall re- ceive as compensation for his services the sum of Six Dollars ($6.00) for each day he may serve, and shall further receive One Dollar ($1.00) per day for automo- bile expense and upkeep; provided, however, that not more than ten (10) such bailiffs shall be employed at any one time, and providing further that the Sheriff Ronorable Burl Brittain, F%ige3 or Deputy Sheriff attending any County or Dis- trict Court in counties of over three hundred and fifty thousand (350,000) according to the last preceding Federal Census shall be paid the sum of Six Dollars ($6.00) for each day the Sheriff or Deputy Sheriff shall serve in any of such said courts as bailiffs, and one dollar ($1.00) per day as automobile expense and upkeep for each day he may use said automobile. "?The compensation herein provided for shall be paid from the General oz?Jury Fund of the county affected, as may be determined by the Commissioners Court thereof, upon sworn accounts showing the Court in which or the Grand Jury for which, said Bailiff, Sheriff, or Deputy Sheriff serves, with a statement showing the dates on which the service was performed and the amounts due. No such claim shall be paid un- til approved by the foreman of the Grand Jury or the Judge of the Court 'for which the service was performed, and said claim shall be presented to the Commissioners Court or to the County Auditor in counties provided by law for so much thereof as may be found due, and no warrant in payment of the'amount due shall be paid un- less countersigned by the County Auditor, if any.* Vection 2. The fact that under the existing law there is confusion in the amount paid Bailiffs, and Deputy Sheriffs creates an emergency and an imperative public necessity requiring that the Constitutional Rule providing that bills be read on three several days . be suspended, and said Rule is hereby suspended, and that this bill shall take effect and be in force from and after its passage, and it is so enacted." Opinion No. O-1124 of this Department, written by Hon. Ardell Williams Assistant Attorney General, holds that grand jury bailiffs in counties with a population of less than 150,000 inhabitants are entitled to $4.00 per day, but are not entitled to mileage, traveling expense or any other compensa- tion for their services. We enclose herewith a copy of Opinion No. O-3124 which contains a full discussion of saia matter. Honorable Burl Brittain, Page 4 In answer to your first question you are respect- fully advised that it is the opihion of this Department that the same should be answered in the negative and it is so answered, In answer to your second question you are respect- fully advised that it is the opEnion of this Depertment that the provisions of Article 1058, Code of Criminal Procedure,. of Texas, as amended, supra, which are applicable to counties having a population of less than 150,000 inhabitants acaora- ing to the last preceding Federal census, apply.to San Patricia County, Texas. Yours very truly ATT?RNEY GENERAL OF TEXAS BY Wm. J. Fanning Assistant WJF:BBB APPROVED FEB 29, 1940 (81 Gerald C. Mann AT'NRNEYGEBERAL OF TEXAS APPROVED opinion committee BP BWB chZi?iZn