The Attorney General of Texas
April 14, 1981
MARK WHITE
Anorney General
Honorable Henry Wade Opinion No. HW-3 2 2
Dallas District Attorney
6th Floor, Records Building Re: Collection of fines assessed
Dallas, Texas 75202 in Dallas County Criminal Courts
Dear Mr. Wade:
You have requested cur opinion regarding the collection of fines
assessed in the Dallas County Criminal Courts. You ask the following
questions:
1. Does the sheriff of Dallas County have the sole
responsibility for the collection of all fines
assessed in the Dallas County Criminal Courts? If
not, where &es this responsibility lie?
2. Do the judges of the Dallas County Criminal
Courts have the authority under the statutes
creating these courts to order or direct that fines
assessed in these courts be paid to or collected by
the county clerk employees who are the clerks of
said courts?
Although a number of statutes refer to the duties of the sheriff in the
collection of fines, none of them place the responsibility for doing so
exclusively on the sheriff. Article 1616, V.T.C.S., for example, provides in
pertinent part:
An account shall be kept with the sheriff charging
him with all judgments, fines, forfeitures and
penalties, payable to and rendered in any court of the
county, the collection of which he is by law made
chargeable.
See also Code of Criminal Procedure arts. 43.01-.13.
Other statutes obviously contemplate that the county clerk shall
collect fines. Article 1946, V.T.C.S., provides that:
to] n the last day of each term of the county court,
the clerk shall make a written statement showing all
moneys received by him for jury fees and fines. . . .
P. 1033
.
Honorable Henry Wade - Page Two ww-322)
Article 1947, V.T.C.S., directs the clerk tar
pay to the county treasurer all jury fees and fines received by
him to the use of the county.
The county criminal courts of Dallas County are possessed of:
concurrent jurisdiction within the said county of all criminal
matters and causes, original and appellate that is now vested in
the county courts having jurisdiction in civil and criminal cases
under the Constitution and laws of Texas.
V.T.C.S. art. 1970-3110, SZ
As part of their jurisdiction in criminal cases, county courts are authorized to
impose fines. Article 42.15(a) of the Code of Criminal Procedure provides that:
[WIhen the defendant is fined, the judgment shall be that the
defendant pay the amount of the fine and all costs to the state.
(Emphasis addedl
In our opinion, the court may, in accordance with its authority to impose fines, direct
that a defendant pay the amount of a fine to a particular officer acting on behalf of
the state. Since the statutes indicate that both the sheriff and county clerk have
responsibilities in the collection of fines, we believe that the court is therefore
authorized to direct a defendant to pay then amount of the fine to either of those
officers. We note, however, that only the sheriff is authorized to enforce collection of
a fiie es to which there has been a default, even if the fine was originally ordered paid
to the county clerk. V.T.C.S. art. 1616.
SUMMARY
Both the sheriff and county clerk have responsibilities in the
collection of fines. The judges of the county criminal courts of
Dallas County may direct a defendant to pay the amount of a
fine to either the sheriff or the county clerk, acting on behalf
of the state.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
p. 1034
. 9.
Honorable Henry Wade - Page Three (MW-322)
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMmEE
Susan L. Garrison, Chairman
James Allison
Jon Bible
Rick Gilpin
P. 1035