Untitled Texas Attorney General Opinion ( 1982 )

The Attorney General of Texas
February 9, 1982
MARK WHITE
Attorney General
Honorable Bob Simpson, Chairman Opinion No. Mw-442
Supreme Court Building
P. 0. BOX 12546 Committee on Insurance
Austin. TX. 76711 House of Representatives Re: Disposition of fees
5121475-2501 Room 125, Reagan Building collected under the
Telex 9101674-1367 Austin, Texas 78711 provisions of the Safety
T&co&r 51214750266
Responsibility Law
1607 Main St., Suite 1400 Dear Representative Simpson:
Dallas, TX. 75201
21417428944 The Sixty-seventh Legislature amended the Safety Responsibility
Law, article 6701h. V.T.C.S., by passing House Bill No. 197, an act
4024 Alberta Ave., Suite 160
(according to its title) "relating to compulsory liability insurance
El Paso, TX. 79905 for certain vehicles; providing penalties." Acts 1981, 67th Leg., ch.
9 15/533-3464 800 at 3053. The bill added new sections to the law, the first three
of which -- with certain exceptions -- prohibit the operation of
non-insured vehicles in this state, require owners and operators of
1220 Dallas Ave., Suite 202
Houston, TX. 77002
vehicles to furnish information concerning evidence of financial
713/6600666 responsibility on demand, and impose "a fine" of not less than
seventy-five dollars ($75) for failure to maintain financial
responsibility as defined. Subsequent offenses are punishable by "a
606 Broadway, Suite 312
fine" of not less than two hundred dollars ($200).
Lubbock. TX. 79401
8061747-5238
You are concerned about newly added section 1G which provides:
4309 N. Tenth. Suite S Sec. 1G. Fees collected under the provisions
McAllen. TX. 76501
of this Act shall be deposited in the Operator's
512/662-4547
and Chauffeur's License Fund and are hereby
appropriated to the Department of Public Safety
200 Main Plaza, Suite 400 for the purpose of defraying the eXp*SeS
San Antonio, TX. 76205 necessary for administration of the Act, including
512/225-4191
but not limited to the employment of necessary
clerical, administrative, and enforcement
An Equal OpportunItyI personnel and for defraying the necessary expenses
Affirmative Action Employer incident to travel, equipment rental, postage,
printing of necessary forms, and purchase of all
necessary furniture, fixtures, and equipment.
(Emphasis added).
As you note, this provision refers to "fees collected" whereas the
punishment sections of the new enactment refer to "fines." You ask
whether the fines collected pursuant to the added provisions must be
p. 1523
Honorable Bob Simpson - Page 2 (MW-442)
deposited with the Department of Public Safety as section 1G requires
"fees" to be deposited.
There is a fundamental difference between a "fine" and a "fee."
A fine is a pecuniary punishment assessed against a person who has
been convicted of a crime. State v. Steen, 14 Tex. 396 (1855). _See
25 Tex. Jur. 2d Fines 81 at 326. A fee, on the other hand, is a
charge fixed by law for services of public officers or for the use of
a privilege under the control of the government. See Gulf Union Oil
Company v. Isbell, 205 S.W.2d 105 (Tex. Civ. App. - Austin 1947, no
writ); Black's Law Dictionary, 5th ed. at 553 (1981).
It has been suggested that the word "fees" instead of "fines" was
used in section 1G by mistake. However, in the construction of all
civil statutory enactments, while the intention of the legislature is
to be diligently sought, the ordinary signification is to be applied
to words except in certain circumstances -- words of art or words
connected with a particular trade or subject matter. V.T.C.S. art.
10. Moreover, where the same word has been used elsewhere in a
statute it will be given a like meaning in both instances unless there
is some indication the legislature intended that it have different
meanings. L & M-Surco Manufacturing, Inc. v. Winn Title Company, 580
S.W.2d 920 (Tex. Civ. App. - Tyler 1979, writ dism.). The use of the
word "fees" in this new section of the Safety Responsibility Law is
unambiguous, particularly when the new provision is read with section
36 of the law as it already existed. That section states:
Sec. 36. All fees and charges required by
this Act shall be remitted without deduction to
the Department at Austin, Texas, and all such fees
so collected shall be deposited in the Treasury of
the State of Texas to the credit of the Operator's
and Chauffeur's License Fund established under
Article 6687b, Texas Revised Civil Statutes. In
addition to statutory recording fees of county
clerks required in Section 24, any filing with,
certification or notice to the Department in
compliance with any of the provisions of this Act,
or request for certified abstract of operating
record required in Section 3, except report of
accident required in Section 4, shall be
accompanied by a fee of Five Dollars ($5) for each
transaction. Statutory fees required by the
[State Department of Highways and Public
Transportation] in furnishing certified abstracts
or in connection with suspension of registrations,
or such statutory fees which shall become due the
State Treasurer for issuance of certificates of
p. 1524
Honorable Bob Simpson - Page 3 (MW-442)
deposits required in Section 25, shall be remitted
from such Fund. (Emphasis added).
We conclude that the word "fees" used in section 1G of the
statute refers to the same type of charges referred to in section 36
thereof, and not to fines assessed as punishment. Section 1G
appropriates and earmarks for certain purposes the fees collected
pursuant to section 36. Cf. Id. §37. The phrase in section 1G.
"collected under the provisions of this Act" has reference to article
6701h in its entirety, as amended, as does the phrase in section 36,
"required by this Act." An amendment will be construed and harmonized
with the act that it amends or to which it is added. Schlichting v.
Texas State Board of Medical Examiners, 310 S.W.2d 557 (Tex. 1958).
See 53 Tex. hr. 2d, Statutes 9187 at 284.
One other matter is worthy of note. While the section 1G
provision is a civil statutory enactment, the new provisions which
exact criminal penalties for certain conduct are provisions to which
both the Penal Code and Code of Criminal Procedure apply. See Penal
Code §l.O3(b); C.C.P. art. 1.02. Article 1006 of the Code ofCriminal
Procedure states, "[A]11 fines... collected under any provision of
this Code, shall forthwith be paid over... to the county treasurer of
the proper county...." See Attorney General Opinion C-596 (1966).
Cf. Attorney General OpinionV-1022 (1950).
.SUMMARY
The word "fees" as used in section 1G of
article 6701h, V.T.C.S., the Safety Responsibility
Law, does not include fines.
Very truly yours, A
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Bruce Youngblood
Assistant Attorney General
p. 1525
Honorable Bob Simpson - Page 4 (MU-442)
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Rick Gilpin
Reed Lockhoof
Jim Moellinger
Bruce Youngblood
p. 1526