Seal

Office of the Attorney General
State of Texas


 

July 29, 1977

Honorable Bill Stubblefield
County Attorney
Williamson County
Georgetown, Texas 78626

Opinion No. H-1031

Re: Subpoena fees in misdemeanor cases.


Dear Mr. Stubblefield:

You have requested our opinion regarding the assessment of subpoena fees in misdemeanor cases.

Article 53.01 of the Code of Criminal Procedure establishes a schedule of fees to 'be allowed the sheriff, or other peace officer performing the same services in misdemeanor cases, to be taxed against the defendant on coviction.' Attorney General Opinion M-184 (1968) held that these were the proper fees to be assessed in misdemeanor cases, and we are fully in agreement with that conclusion. Article 1029 of the Code of Criminal Procedure is applicable to felony cases, while article 3933a, V.T.C.S., clearly relates to fees in civil matters. Accordingly, it is our opinion that the assessment of subpoena fees in misdeanor cases is governed by the provisions of article 5o.01 of the Code of Criminal Procedure.

SUMMARY

The assessment of subpoena fees in misdemeanor cases is governed by the provisions of article 53.01 of the Code of Criminal Procedure.

      Very truly yours,

      Hill signature

      John L. Hill
      Attorney General of Texas

      Approved:

      David M. Kendall
      First Assistant

      C. Robert Heath
      Chairman Opinion Committee


Texas OAG home page | Opinions & Open Government