Texas Attorney General Opinion: O-1335 Page: 4 of 6

                                
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Honorable Merritt F. Eines, Page 4
county wherein the rroseoution of suOh " misdemeanor under
Article 567b, supra, is pending. ievsn all
prosecutions under Article  6?7b, supra, since section 5
places both felonies and misdemeanors under the Act upon
the same basis for the purpose of coopensati g officers
issuing and serving prooess in or out of the county wherein
the proseattion under the Act is pending, where the defend-
ant pays the officer's costs of issuing and serving process
charged against his, there arew orable uanEr Artig le iniq
rthe State !asury.
Answering your first question, if a defendant
is convicted of a felony for swindling with a worthless
cheek under Article 56Tb, Vernon's Penal Code,    is our
opinion that costs olleo           da             into the
St'Lrr-Tl urymbeo aordance with   e provisions of Article
1018, Code of Criainal Procedure and the officers to whom
costs are due look to the state for payment of same; if a
defendant, on the other hand, is convicted of a misdemeanor
for swindling with a worthless cheek under Article 567b,
those costs of the officers for issuing and serving process     f .t
which are oh:rget against the defendant and paid by hi are
ebinothS_   t-_stot treasury, but there is no approprl-
ion available for the payment by the state of the costs of )
officers for issuiag and serving process in misdemeanor    /
oases under Article 567b.
In answer to your second question, if a defendant
is convicted of a felony for swindling with a worthless
sheek under Article 56Tb, Vernon's' Penal Code, wheth'~ the
defendant pays the costs charged against hiE or not,, it is
our opinion that the costs payable to officers in felony
eases provided under Chapter Two, Title 15, *Costs in Crim-
inal Actions", Code of Criminal Procedure, are payable by
the state, and appropriation is available for sase under
House Bill No. 259, 46th Legislature; but if a defendant is
convicted of a misdemeanor for swindling with a worthless
check under Article 567b, Vernon's Penal Code, whether or
not the defendant pays the costs of the offieers in issuing
and serving proess in or out of the county wherein such
prosecution is pending, the officers are entitled to such items
of oost froma the state for ishing and serving process iin as-
cordance with the provisions of Section 5 of Article S6Vb;
but there is no appropriation available for payment of the   L.
costs of issuing and serving proeops by the state in these
misdemeanor convictions under Article S69b.
Article 100, Code of Criminal Procedure, pro-
rides, in the part applicable to Midland County, as follows:
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