-*Be it maotad by the Legielaturs of tha'Ytate of Texao;

~8sotloR 1. Constabler, whose prsoincts 1iS in muatlslr having~ a populatloti of iuore.thao three hun- dre&trenty-five thouoand (3% 000) and leas then three hundred olnety thourand .(390,000)~ by the last precmling Federal Census, and whose preufnots lie Th whole or in part in au inoorporated city or town con- taining terrltorial.limits or Twenty-five (2s) equare tiles or mm, *mo exoeute prmsesa 6ad perform aer- vioes in oivll and ~riadml~aotioas shall reouih the farm fese allowed to &erlffs for the sa&ie seti4:iooa, and ia all criminal eaeea wham the dofendent is aon- tlotetl or enters a plea of guilty and is fined and fe unable to pay said tine and lays out his Ilee in the oouuty jail dleohargeo the eme by meens of workkeg sue& fine outon.the oountp roads or on any county projeot, the county shall be 1iabZe to auoh Gonetable for all of said feea of said Conatable, end suoh Coartabla ahall present to the cormnissioners* 'Court of hle County a written aoaouut speoifying each orimlnal aotion ia whloh he olaime suoh iem, oertifled to by the Justice of the Peace to be correot and filed with the County Clark. The Comniaeioners* Court shall ap- pnsre such aeaount for auoh amount as they my find to be oorreot and order a draft to be issued on the County Treasurer in favor of euoh Conetable for the amount so approved.

Hon. c. R. Oilmur, page 3

*300. 3. Artii0h 1066 of the Gode of Criminal PrWedwla of the Stats of 'hxae be and the came is . . em. - . . e. .^ .__ heMBy rapesalert inlrorar a6 tt epplros fa c;ohatable* ooming uader thl8 ko8.

'see. 5. The faOt that uniter the existing laue in rertala oounties eontainfng ci8Ieo of large tsrrl- tollal 1I~Ite ~on@kblas me not reeelviag adequate oonpeneabio~ for aemng 'pTooesr and performIng eev- YiOW in BtllSelFBU8 &sdemaaaor OSDW, althoagh they ara put to gvaat axpenase in serving prooes13, areatss M emorgctaay, and aa impuratl~o pubsio neeeraity esla8a~, that the DonabitutIonal Rule requiring bills to be read on three saveral days shall bo wrpandad, aad thdi dot mhall tapca effoot and be in roroe room aad after its peesage, and It is eo l naated.* Artiole 1065, Code of driminal Prooed~ra, reads as followat

*The County shall not be liable to the offioer aBd ri8~ese having oosts in.8 mladortaanor oarno where defaadant pays his fine and meta. Tha oomtty shall be liable ror one-half. 0r the rees or the offloers ot the Court, when the dsfandmnt fails to pay his fine and lay6 his fiUe out in the 00oh8y jail or dia- charges tho aame by zveane of workIng'auoh fine out M the OoUnty roads or oh any county projeot. And to pay etaoh half of oo8t6, the County Clark shall issue his wrnurt oa County Traammrer in favor or suoh orfiosr to be paid out or the aoad end hridgo Puad or other funds not otherwise appropriated." Seobion 66, Ar8lole III of the Stats Constitution proride In part a6 follow8r

*The Legislature shall not, eroept as other- wieo provided in this Constitution, pass shy looal or special law . . . regulating then reea, or extend- ing the power* and duties or alderman, juetioea 0r the poaee, magistrates or conatabloa; . . . and in all other came where a general law oan be made applioable, no local or epeoial law ehall be ensated. n . . .

Hon. 0. E. fmi7ler, page 4

It will be noted that Artiole 1056, mpra, provide8 in effset that the dollnty ahall be liable for One-half of the fSSS Of the offlOeT6 of the court, when the defeodazt fails to pay his tine anu Iaye his, rfne out fn the oounty jail 01 diissharger the same by meanl, or working such flm out 011 the OOWitjy mado alipy Omanty projaot; Senate Bill 300. %8, IUpTa, provides In effect that in all or-al aasm where the defadant is oonrioted or enter8 a plea of guilty and ia liiW3d and is uuable to pay said fine and laya out hi8 fins ia the oounty jail or dfaohssgem the @ama by mans of work- iIlg 8U6h ibe out on the 'oounty road@ Or any county pmj*Ct, tk* OoPlrEy ahall bs liable to such constable ior all s&d foO8 in suoh eaees. TherMore, providing a greater oonpensation for those cmwtablsr, eituated in oowties 6-g rith the above bsignated population braokets, than the oompaiuatlon DrOvidCd S0r thoee oonetablee In oountlee harine; a le88,popul&fOa or a greater population than that eet out by the above rentiOmdo population braoket.

ge have oarefully toluridsred senate Bill I%. 50 fn 6oa- neotion with Seotlon 66, Article LIT or the State COmtitatiOn, and the reoent o%m of J. B. Xiller, et al VI. the Countl of 111 Paso, Ihas, et al, handed down by the Supreme Court Of T=an on April 83, 1941, and authorf.ties &ted t&rein. Bmfdore, it 28 QW opinion that Senate Bill NO. 345 Is a spoial OT lOCal bill attempting to regulate the fees of waetablea md 18, them- iorb, unoonatitutional and void.

.Trusting that the foregoing fully anawora moor inQui.V. we are

Yours very tm4