Untitled Texas Attorney General Opinion

OFFICE OF THE ATT’ORNEY GENERAL OF TEXAS AUSTIN Honorable Fairea Wade County Attorney Room11 County Rockwall, Tsxas Dear Sir: Opinion No. Re: Is a oc illsoounty and with the lo@&1 crves a warrant of arrest, ap- t the dsrwxlemt and relsavss hiai jw3tice 0r th49peaoa or proeeauting attorney in the amnty ahargo* hate beon in whnhieh filed. , . . *. . . The conetable IIWTS took a warrant Of arrest into the neighboring County an8 with the loaaf on%xir them a3idethe arFeat* The local oonstable then approved the bond and rslsased the darfendantwho 5&reerd to a::psarwhen given not&Se to do 80 by the locafoftleer. The qne@tion ie 131 Honorable Faire8 Wade, Page 2 can the constable here oolleot mileage ror going end corni- in Ming the arrest and a?provin& the bond, . . .* Article 1065, Code of Criminal Prooedure, reads in part as follower "The following feea shall be allowed the sheriff, or other peaoe ofrioer perfowlng the came services in ?Iisdemeanoroaaea, to be taxed against the defendant on conviction: ". . . =4. For taking and approving each bond, and returning the 8ame to the court houue, when neceseary, one dollar and fifty cent@. n. . . "11. For eaoh mile he may be oompell~l to travel in exeouti.nSeriminal~prooees and tmma~~- ing or attaching witness, revenand one-half oenta. For traveling in the aervioe ot prooesa not otherwise provided for, the cum of aevan and one-halr oents for eaoh mile going and re- turning. If two or more persons are aentlonod in the same writ, or two or more write in the same ease, he shall charge only for ths dia- tance aotually and neosst?aarily traveled in the SMl%.” It is neaessary that we bear in mind that the fee statutes nre strictl:;oonetrued and fees by implication are not permitted. It ie a very settled priaoiple oP law that a con&able, who ia compensated on a ree basic, i@ not en- titled to any tee at all in a miedemeanor ease unless a conviction ia obtained. (Texas Juriaprudenoe, Vol. ?rB, :p. 508; McCalla V. City of Roekdals, 246 S. X. 654) Article 1065, aupra, expressly provides fess as compensation for the particular services enumerated there- in and unless the oartioular eervioe is actually performed the 0fficer is entitle& to no r9e for euch service. The fees provided therein are allowed only whsn such eervicee Donorable Fairee Wade, Page 3 are actually performed by the officer. Under the faote stated in your letter it is apprent that the ccnstable traveled tn a neighboring oounty with a warrant of arrest and approved the bond of the defendant and releaaed him on MS promise to appear when notified by the justice o? ?~hepeace or ::rosacutingattorney in the county in whioh the charge was filed. This department held in opinion No. O-1240 that a oonstable has,~legalauthority to serve a warrant of arrest outaide the preoioct and aounty of hie residenoe. A oopy of this opinion is enoloeed for your information. In view of the above stated facts and Artiels 1065, supra, you are respectfully advised that it is the opinion of this department that the constable ie entitled to One Dollar and Fifty Cents (&SO) for taking and ap- provin$ the bond of the defendant. Tou are further advised that the constable is entitled to eeven and one-half esnta (7&j for eaoh mile he wae compelled to travel in exeout- ing the warrant of arrest; all OS said fees to be ahargsd again& the defendant upon convletion. Trusting that the roregoing fully anewera your inquify, we are Yours very truly ATTORNEY QDW OF TEXU ~~~ BJr Ardell Williams Aseistant