i
January 16, 1989
Ron. Oharlsr T* Banister
t!rlmk~l Dlatrlot Attorney
wavuro county
Oormloana,Texan
Dear 8lrr
.
oplnlon Ro. o-545
Be: ArtiQle 1055, c. c. P.
Your request for an Oplnlon upon the quOOtloar
Whether oounty auditor he8 right to wlthhold
mbdemeanor fees in oaaa6 whera dsfendanta pay their
iiws by serving tlm in jail and .:,hen
may ha atop
payment of auuh feerV
ha8 bean reoelrad by this Department.
You are respeotfullyadvised that oonstabXe8,aher-
lf?8, oounty attorneysand ultnerraes are not sntltled to re-
or3va on.-half of thelr~fee8 from the oounty where dafondants
pay their fin.8 by serving tim in Jail. Thlr departmnt on
January 11, 19939,ruled that the amadmont to Artiole 1055
of the Godo of Orlmlnal Prooodtm of Tmaa, amendment belnb:
8. B. Boo.7lc7o? the Regular Remion of the 48th Legislature
of !&ma8 was void, being in oontrarentlon of 8eotion 58, of
Art1016 8 of the Constitutionof Wsa8. A oogy of.thf8 ogla-
ion ia horewlth snoloHd whloh la mlf-oxplanatory and to
whloh refaremoe 1s ham made ror all purposes.
vwytnl1y Your8