*1 i
January 16, 1989 Ron. Oharlsr T* Banister
t!rlmk~l Dlatrlot Attorney
wavuro county
Oormloana, Texan
Dear 8lrr . oplnlon Ro. o-545
Be: ArtiQle 1055, c. c. P. Your request for an Oplnlon upon the quOOtloar Whether oounty auditor he8 right to wlthhold mbdemeanor fees in oaaa6 whera dsfendanta pay their iiws by serving tlm in jail and .:,hen may ha atop payment of auuh feerV
ha8 bean reoelrad by this Department.
You are respeotfully advised that oonstabXe8, aher- lf?8, oounty attorneys and ultnerraes are not sntltled to re- or3va on.-half of thelr~ fee8 from the oounty where dafondants pay their fin.8 by serving tim in Jail. Thlr departmnt on January 11, 19939, ruled that the amadmont to Artiole 1055 of the Godo of Orlmlnal Prooodtm of Tmaa, amendment belnb: 8. B. Boo. 7lc7 o? the Regular Remion of the 48th Legislature of !&ma8 was void, being in oontrarentlon of 8eotion 58, of Art1016 8 of the Constitution of Wsa8. A oogy of.thf8 ogla- ion ia horewlth snoloHd whloh la mlf-oxplanatory and to whloh refaremoe 1s ham made ror all purposes.
vwytnl1y Your8