Case Information
*1 C?FFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Eon. w* P. sexton f%Unty AttOrn6y
otan(;s collllty
Oran@, Teraa
Deer strr
Tour repuert e above Hated ques- tion ha8 beun rearirsd Qf
crh f1x.m to the 1466 tbst mdor on a8 ha tad aalLeated to the Stats for S5$ d but OS aolldati&3 ly paid rwh sheriff. alaims he is entitled to
riff althou&ht& J. P. aolleoted, aounted for all the mxmy key CO- *'Please advim me am to whloh 28 entitled to the f$ aoxmalssion, the 8herifi or,the justiae the peace,"
mtials 950, Code of Crlmlnal Proaedurs of Taxes, reada ;:ad-~~follow8 I
Hcc. I. P. mxton, page 2 o r c ounty l ttonmy ahall be ‘The dlstriat entitled to -l$ ot -- -- 8ll fines, iorfeliturea or _. -.
monies coiieatea ror tm matie or eouumrty, up- on judgment reoovered by and the alerk of the aourt ln whlah are ran- dered shell be entitled to or wle amount of aeld Judgment, to be paid out of the amount when aolleated.w
Artiale 951, Code of CrM Procedure of Texas fgnd;cg b the Aatn of the P0hprir8t Legdslature, as , . iO5, *ma. 1, 1929, reads a8 follows~ Pa
n%e sheriff 6r other oftiaer. _araeptta Justice of the maoe or his alark,-& oolleats ~IIDDII~Y fur the State oouhts. rxaevt a b.r3r
r8f3;-umt8~ any proasion of idis ode, 6hd.i be entitled to retain S$ thereof when oollsat- ad." (Undoraooring ours).
tiae ofth~ dape&nt has rapaatedlp ruled that a us-
ae is not entitled to retain !5$ oomiss 1 on on flaw 001 eated. Re nspeotfully refer you to the fol- Y
lc 9 to-84 ! oplnlona of this departmnt with reisrenoe to same;
Opl.nion written by Hon. Jams 8. NeiY, Assirrtent Attormy Caneral addressed to W. E. Yanay, County Auditor, l&rrant County, fbrt Worth, Texas, dated Deatmber 1, 1937, and an 0piniOn WTitten by Hon. JO0 J. AlsUp ASSi8tant At- torney Ceharal addressed to Mr. R, A. Co&hey County Awlltor, Lufkli, Texas, ends dated December 18, i933.
Opinion No. d-626 of this depa&eut hold8 that the sheriff is entitled to 6% aonmlsslon .on rSne6 in such inatanaes only as such fines are collected by the sheriff.
Therefore you are respectfully advised that it fe the opinion of t&s department, thet under the situation outlined in your~letter and under the law, the justice of the peaoe would not be entitled to 25$ ao!melaslon oh tines oolleoted by the justloe oithe pbaee.
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,Hon. IL PC dcdon, page 3
You are further rsspeaWully addsed that it inion of this de
16 the o ant that the sheriff wuld be antlt P ad to 5% ooxml118 4"" on on f&s8 in rush instanact6 only as such llws were oolleeted by the sheriff.
Trusti= that thL ratisiaotorlly answers par lnqlliry, ,ve an
Tours very truly AlTURSQXGE?7ERALO?TX&3 WnJFrob
AWROVED JUL ZS, 1939 (Signed) 1. t. wmre oplnt::m~ttw TXRSTASSISTMT By R. 'II. 2'. Chairevln ATFG#.lR 0-w.