Untitled Texas Attorney General Opinion ( 1971 )

February 4, 1971
Hon. William 8. Mobley, Jr. Opinion No. M- 784
Dietrict Attorney
Nuecee County Cdurthouse Ret Purposes for which fees
Corpu8 Chriati, Texas 70401 collected purmant to
Article 42.12(6a),
Texas Code of Criminal
Procedure, may be wed,
Dear Mr. Mobleyr and related questiona.
Your recent letter requesting the opinion of thir
office concerning the referenced matter poses the'following
questions:
"I . What does ‘for use in administering
the probation laws' mean with regard to ai8tri-
bution of feee pureuant to Art. 42.12, 8ec. 6a,
Texas Co&of Criminal Procedure?
,... ,.
"II. With regard to the collection and
distribution of fees under the probation law,
do such fees have to bs deposited in the county
general fund and disbursed therefrom as other
county funds?
"III. IS it permissible for the Probation
Department to establish a special: trust accoufit
and for the Judge only to authorize certain ex-
penditures from such account without~first de-
positing such funds in the county general fund?"
@ection 6a of Article 42.12 of the-Texas Code of
Criminal Procedure, also known as the Adult Probation and
Parole Saw, provide8 ai follower
"(a) A court granting probation may fix a
fee not exceeding $10 per month to be paid tq
the court by the probationer during the probationary
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Eon. William B. Mobley, Jr., page 2 (M-784)
period. The court may make payment of the fee a
condition of granting or continuing the probation.
"(b) The Court shall distribute the fees re-
ceived under Subsection (a) of this section to the
county or counties in which the court has juris-
diction for use in administerinq the probation laws.
In instances where a district court has jurisdiction
in two or more counties, the court shall distribute
the fees received to the counties in proportion to
population . . -" (Emphasis added.)
Section 10 of Article 42.12 provides, in part, a6 follows:
"For the Purpose of urovidino adeauate Droba-
tion services, the district judge or district judges
having original jurisdiction of criminal actions in
the county or counties, if applicable, are authorized,
with the advice and consent of the commissioners court
as hereinafter provided, to employ and designate the ‘,
titles and fix the salaries of probation officers, and
such administrative, supervisory, stenographic, clerical,
and other personnel as may be necessary to conduct prey
sentence investigations, supervise and rehabilitate
probationers, and enforce the terms and conditions of'.
probation. Only those persons who have successfuly
completed education in an accredited college or
university and two years full time paid employment
in responsible probation or correctional work with
juveniles or adults, social welfare work, teaching
or personnel work; or persons whop are licensed
attorneys with experience in.criminal law; or persons
who are serving in such capacities at the time of the
passage of this Article e . . shall be eligible for
appointments as probation officers y . .
"Where more than one probation officer is
required, the judge or judges shall appoint a
chief adult probation officer or director, who,
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Hon. William B. nobley, Jr,, page 3 (M-784)
with their approval, shall appoint a sufficient
number of assistants and other employees to carry
on the professional, clerical, and other work of
the court. ,
* a 0 9
"Probation officers shall be furnished trans-
portation, or alternat&aly, shall be entitled.to
an automobile allowance for use of personal auto-
mobile on official business, under the same term8
and conditions a8 is provided for eheriffs.
I,he salaries of oerswel. and other B
essential to the adequate sunervision of orobationers,
shall be wid from the funds of the countv 0 e . In
all the.instances of the employment of probation
officers, the reeponsible judges e . . are authorized
to accept grant8 or gifts from other political sub-
divisions of the atate or aesociations and foundation8,
for the sole purnose of financins adeouate and effect-
fve.orobationarv rn-owams in the various parts of the
state a For the purposes of this Act, the municipali-
ties of this state are specifically authorisedto*~grant~ .~
and alloca,te such sums of money as their respective
governing bodies may approve to their appropriate
county governments for the support and maintenance
of.effective wobationarv Droarams o a O' (Emphasis
added.)
We are of the opinion that the phrase “for use in
administering the probation laws,,, a8 found in Subsection (b)
of Section 6a, supra, must be liberally construed, and con-
6Ldered in conneckion with .the purpose of the Adult Probation
and Parof Law, .'-t.he
maintAnani?e,Cf eff%ctive probationary
program6 (cf. ?%e underscored portions of Section 10, supra).
. Accordingly, you are advised that it is the opinion
of this office that fees permit,ted 'LObe collected pursuant to
Article 42,>12(6a), Texas Code of Criminal Procedtire, may be
distributed far the ,following purposei, -.-
inter II
alias salaries
of probation officers, sec:ret.ar,ies
and other office personnel:
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t
Hon. William B. Mobley, Jr., page 4 (M-784)
probation office expenses: auto travel allowances for probation
officers: and bona fide educational trainilig,expeners for pro-~
bation officers (including registration fees,, travel, and sub-
sistence expenses while attending seminars or taking academic
training at colleges or universities or other appropriate in-
stitutions which sponsor coUrse6 of study or'training relevant
to the education and training of probation officers). The fore-
going purposes are authorized byd~and within the scope of, the
,
Adult Probation and Parole Law.
In regard to your second and third questions, we are
unable to find any statutory authorization for a court or pro-
bation department's establishing a "special trust account" in
which Such fees would be deposited.
Subsection (b) of Section 6a, supra, expressly states
that, "The Court Shall distribute the fees received . . . to the
countv for use in administering the probation laws"
(Empha,s~s'added.). In view of this statutory mandate, we are
of the opinion that such fees must be deposited by the.county
in a special trust fund or in the general fund earmarked for
the btatutory pUrpO6eS subject to being disbursed therefrom in
the same manner as other county funds, for the purposes set
forth hereinabove.
SUMMARY
(1) Fee6 permitted to be collected pursUant
to Article 42.12(6a), Texas Code of Criminal Pro-
cedure, may be distributed for the following pur-
poses0 inter aus salaries of probation officers,
secretaries, and other office personnel, probation
office expenses; auto travel allowance6 for pro-
bation officers, and bona fide educational training
expenses for probation officers (including registra-
.tion fees, travel, and subsistence exgensee while
attending seminars or taking academic training at
colleges or‘universities or other appropriate in-
stitutions which sponsor courses of study or.~:;train-
ing relevant to the education and training ofi pro-
bation officers). ,.:
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Ron. William B. Mobley, Jr., page 5 (M-784)
._
(21 Upon the receipt of such fees by a court;
it shall distribute such fees to the county: such
fees may be thereafter disbursed in the same manner
as other county funds for the purposes set forth in.
item (lj, su,pra.
General of Texas
Prepared by Austin C. Bray, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTBE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Bill Craig
Larry Craddock
Bob Lattimore
Max Hamilton
MEADE F, GRIFFIN
Staff Legal Assistant
ALFRBDWALKER
Executive ASSistant
,
NOLA WHITE
First ASSi6tank
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