Untitled Texas Attorney General Opinion ( 1971 )

Honorable Oscar B. McInnis Opinion No. M-983
Criminal,District Attorney
County Courthouse Re: Whether provisions of
Edinburg, Texas 78539 Senate Bill No. 841, Acts
62nd Legislature, R.S.,
1971 (Art. 1083, V.A.C.C.P.)
require collection of court
costs for the benefit of
the Criminal Justice Plan-
ning Fund fin connection
with convictions for of-
fenses which occurred prior
to August 30, 1971, the
effective date of legis-
Dear Mr. McInnis: lation.
You have requested the opinion of this office as to the
following question:
"Does this new statute [S.B. 8411 require the
collection of the additional court cost for the
benefit of the Criminal Justice Planning Fund on
those cases in which the offenses were committed
prior to August 30, 1971, the effective date of
this Act?"
Your question must be answered in the negative.
Senate Bill 841 provides, in part:
"Sec. 3. (a) The Sum of $2.50 shall be taxed
as costs ,of court, in addition to other taxable
court costs, upon conviction in each misde-
meanor case in which original jurisdiction
lies in courts whose jurisdiction is limited
to a maximum fine of $200.00 only.
"Sec. 4. The sum of $5.00 shall be taxed
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.’ .
Honorable Oscar B. McInnis, page 2 (M-983)
as costs of court, in addition to other taxable
court costs, upon conviction in each misdemeanor
case and the sum of $10.00 shall be taxed as
costs of court, in addition to other taxable
court costs, upon conviction in each felony
case in all cases in which original jurisdic-
tion lies in courts whose jurisdiction is li-
mited to fines and/or confinement in a jail or
the department of corrections.
"Sec. 5. The costs due the State under
this Act shall be collected along with and
in the same manner as other fines or costs
are collected in the case."
It is a well settled principle of law that statutes are
presumed to operate prospectively unless there is a clear ex-
pression to the contrary. 53 Tex.Jur.2d 51, Statutes Sec.
28. Moreover, penal statutes imposing a penalty must be
strictly construed and the person seeking to recover the
penalty must bring himself clearly within the terms of the
statute. 53 Tex.Jur.2d 306, Statutes, Sec. 198. To hold
otherwise would be in violation of,Article I, Section.16, of
the Texas Constitution. See Ex.Parte~Carson, 159 S.W.2d 126
',X .ChGA-n,.
1&4V; *;%x PsttL~ Wian., 4FL5E X . CL% ',T%x.pZ,i.!.
. lA%%',;
Caldwell v. State, 55 Ala. 133 (1876).
In view of the foregoing authorities, it is our opinion
that the additional items of court cost provided by Senate
Bill 841 cannot be assessed on offenses committed prior to
August 30, 1971.
SUMMARY
Additional court costs under Senate Bill 841
cannot be assessed on conviction for offenses
coanaitted prior to Auguat 30, 1971, the effec-
tive date of the Act since a statute will not
be applied retroactively with a clear ex-
pression to that effect. ;
ey General of Texas
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,
Honorable Oscar B. McInnis, page 3 (M-983)
Prepared by Max P. Flusche
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Lonny Zwiener
Malcom Smith
Austin Bray
Camm Lary
SAM MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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