*1 I’ -
Hon. J. P. Bryan
County Attorney BMroria kmntf
&xa$leton, Texas
Dsar Sirr Opinion No. O-369
Re, Itbother constable fee of )2&O is allowd when arretis made by highway patrolman.
Your letter of February 7th addressed to Hon. Gszald C. Nsnn, Attorney GsnsMl of Texas, has ken received by this Ibpartment.
Your question ia rair?d by the following st&#Wnt aontained in your letter: ,;, "The State Highnay Patrolawn have infom&j the .
Justioe of the Peace in Pracinot No. 6 that.i&$xing the ooots in highmy violation cases, were made by the Highway Patrolman,
)2.00 fee for an arrest and oolleot or gf? thirr+n the oouatable in hia preainat. I undsrqi&@ irl these in- stanosa the aonstabls was not worki,ng,,with the Highway Patrolman at the time of the arrest.?‘.
Ue beg to advies that the idsntioal question raised iq, JIOW letter was rsa&tly Pnsnursd by this Department in Opinion O-106, wrihw, bp Hon. Claude 0. Rootiman, Ammsistaut Attormy General, and addrsasad to Roik. Thor. A. ltheat, County Attornsy, Liberty County, Liberty, Texas, under data of
, . January 18, 1939, a oopy of whioh opinion is herewith snolosed.
In rwpon~e to the second paragraph of your letter, the authorira- tion of the State Highway Notor Patrol is found under authority granted to the State Highway Department and provisions for suoh offioert and their au- thority to enforce the lam found in Artiole 027a, Section 16, Penal Code of Texas, as amended by the Aots of 1931, 42nd Legislature, Chapter 164.
, Vary truly yours, UtaK#Alf:6gW ATTORNEYGENERUOFTEXAS Encloeure APPROVED - Xarch 3, 1939
/s/GsMld C. krm By /s/k. J. B. King Tin. J. R. King ATTORBNYGRNERALOFTNXAS
Assistant