Your request for an opinion on the following question has been received by this office.

Vihere an arrest is made by the Highway Patrol, constable not being present, anddefendant is convicted, is the aonstable of that precinct entitled to collect the fee of t3.001

In reply to your question, you are respectfully advised that it is the opinion of this office that the constable is not en- titled to a fee in such oases.

Article 1065, Code of Criminal Procedure, provides in part BS followsr

"The following fees shall be allowed the sheriff, or other peace officer performing the same services in misdemeanor cases, to bstaxed against the defendant on convictionr For exeouting each warrant of arrest or

“1. capias, or making arrest without warrant, two dollars. For mmmoning eaah witness, seventy-five

“2. cents. For serving any writ not otherwise provided

"3. for, one dollar. For taking and approving each bond, and re- "4. turning the same to the courthouse, when neces- sary, one dollar and fifty aents. For each comitment or release, one dollar.

"5. Jury fee, in each case where a jury is aotually '6. summoned, one dollar." *2 Hon. Thomas A. Wheat - Page 2 (O-106)

He see from this statute that each fee is allowed for a specific servioe performed. If the Highway Patrol makes the arrest and the constable does not participate in the arrest in any manner, he is not entitled to a fee in the casee The constable is only entitled to fees for services he performs as set out in Arti- cle 1065, Code of Criminal Proaedure.

Yours very truly ATTORNEY GEIUXAL OF TEXAS By /s/ Claud 0, Boothman Claud 0. Boothman Assistant COBIN

APPROXZD

ATTORREY GENhU OF'TEXAS

O.K.

G.R.L.