‘Your request Sor an opinion on the above stated, ques- tion, has been received by this oSS%ce.

_. _. Articles 16gOa.'ana' 1690b Penal Code, generally, aeslg- nate ai% define criminal offenses coming under or within the Motors Carrier Act and prescribe the penalties in connection therewith. . Section 17(c), glib, Revised Civil Statutes, Article reads es sollows:

"All Sees except the See provided in Section 5. of' thld Adt acaruing uniler the terms ~of this Act and all Sines an8 penalti'tis collect-d under the providona bf .this Act shall be payable to the State Treasui+g at Austin and credited to a Sund to be known an& designated aa the 'Motor Carrier Fund, which fund is appropriated for the purpose of carrying out the.?terms of this Act and but of i#hiah all warrants ana expenditures necdssarg iii administering and enforcing this Act shall be paid." All .oSSicers charged by law with collecti& money in the name or for the use of the State, would be entitled to the coinmissions on Sines collected by virtue OS the above mentioned statUtea to the same extent as they would be ln any other mib- d;;r$;;eaase as provided by chapter 3 of the Code of Criminal

. YOU' are respe&fillg aaviaea that it is the opinion or this department that all Sines collected for the violation of the Motor CarPier Act should be deposit&I with the State Tr2leasuFy atV'Austinl, Texas &ind aredite4f ta a find known atid designated as the Motor Carrier Fund , after deducting com- *2 ,

Hon.‘i.P. Bryan, February 23, 1939, Page 2 0-360 missions as allowed by law.

Trusting the foregoing answers your inquiry, we are Yours very truly A!!JTOIU?FXGENERAL OF TEXAS By s/Araell'Wllll~ms Ardell-Williams Assistant AW:ob:wc

Approved: .'

s/Gerald C. Mann

ATTOFMEYGENERALOFTEXAS