The Attorney General of Texas
October 8, 1980
MARK WHITE
Attorney General
Honorable Henry Wade Opinion No. HW-249
District Attorney
Dallas Government Center Re: Authority of a justice of the
Dallas, Texas 75202 peace to charge a fee for filing a
peace bond complaint
Dear Mr. Wade:
You have requested our opinion regarding the authority of a justice of
the peace to charge a fee for filing a peace bond complaint. Chapter 7 of
the Code of Criminal Procedure describes the procedure for the issuance of
a peace bond. Article 7.10 provides that, if the defendant is discharged, the
magistrate:
may, in his discretion, tax the cost of the proceeding
against the party making the complaint.
Likewise, under article 7.14, if the accused is required to give bond:
the costs of the proceedings shall be adjudged against
him.
Although article 3935, V.T.C.S., authorizes a fee of $7.00 for the filing
of a complaint and other instruments in a justice court, this statute is
limited to civil cases. We are aware of no other statute which would permit
a fee to be charged in connection with the filing of a peace bond. It is
therefore our opinion that a justice of the peace is not authorized to charge
a fee for filing a peace bond complaint.
SUMMARY
A justice of the peace is not authorized to charge
a fee for filing a peace bond complaint.
MARK WHITE
Attorney General of Texas
p. 785
Honorable Henry Wade - Page Two (%249)
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
Susan Garrison, Acting Chairman
Walter Davis
Rick Gilpin
Bruce Ycungblood
p. 786