No. V-0064 (1947).

• Case Date: March 06, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0064 (1947). 1March 6, 1947Hon. Jack C. AltarasCounty AttorneyJohnson CountyCleburne, TexasOpinion No. V-64Re: Percentage of fines payable to County Attorneys and Constables.Dear Mr. Altaras:Your recent request for an opinion is as follows:

"1. Is the County Attorney's office entitled to a percentage of fines paid to the State or County in original cases over and above the $10.00 allowed the Attorney's office in the bill of court costs and if so in what amount?

"2. What percentage of a fine collected in the County Court by a non-salaried constable should be paid to the Constable by the County Clerk, and what constitutes collecting a fine? Does a fine assessed on a plea of guilty in the County Court constitute collecting a fine by the Constable?"

With reference to your first question, Article 950, Code of Criminal Procedure, provides as follows:

"The district or county attorney shall be entitled to ten per cent of all fines, forfeitures or moneys collected for the State or county, upon judgments recovered by him; and the clerk of the court in which said judgments are rendered shall be entitled to five per cent of the amount collected."

The statute quoted is plain, clear and unambiguous. It specifically provides that a District2or County Attorney is entitled to ten (10%) per cent of all fines, forfeitures or money collected for the State or county, upon judgments recovered by him. The commission so allowed is in addition to the fee allowed by statute to such officer for obtaining the judgment of conviction, which fee is regarded as costs against the defendant in a criminal case. Whenever the fine is paid in money to an officer authorized to receive the same, such as a Justice of the Peace, County or District Clerk, or other officer, the officer so collecting the amount of the fine should pay ten (10%) per cent of the amount collected to the County or District Attorney who obtained the judgment in that particular case. (Art. 1061, 1068, C C.P.; also Arts. 7818, 1019, as amended in 1931, and 1027 as amended in 1931, and 1027 as amended in 1933, V.C.C.P., 19 Tex, Jur., page 654, Sec. 11) We have answered your first question in the affirmative. In this connection, you are further advised that in all counties such as yours, where the county officers are compensated on a salary basis...