Texas Attorney General Opinion: O-5286 Page: 2 of 3
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Honorable T. Gilbert Adams, page 2
to violations of the Liquor Law and warrants is-
sued by the Justice of the Peace for State Liquor
Inspectors in their efforts to curb the violation
of the Liquor laws in a dry area.
"I would assume that if thete was not suffi-
cient bvidnhce fbuand to prosecutea violation upon
which a search warrant has issued, there would 'be
no fee payable to' the Justice of the Peace, but in
the event there' iS'sufficient evidence found by
reason of the warrant, there is some way to protect
the Justice for his services in the issuing of
Article 1066, Revised Code of Ctiminal Procedure of
Texas -1925, referred to in your letter, was repealed in 1929"by
H.B. 4 of the 41st Legislature of Texas, First Called Session.
There is no Tebkas statute allowing justices of the
peace fees for issuing search warrants of any character.
We quote from 34 Texas Jurisprudence, page 511, as
"As hereinbefore stated, the compensation of
public officers is fixed by the Constitution or
statutes. An office may not claim or reach any
money without a law' authorizing him to do so, and
clearlyfixing the amount to which he is entitled.
In view of the above it is our opinion that"justices
of-the peace are not entitled to any fees for issuing any
character of search warrants.
We enclose herewith for your information a copy of
opinion No. 0-4091 of this department which holds Article 1071,
Vernon's Annotated Texas Code of Criminal Procedure (an article
allowing justices of the peace examining trial fees in misde-
meanor cases to be taxed against the defendant on conviction)
to be unconstitutional.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5286, text, 1943; (texashistory.unt.edu/ark:/67531/metapth262554/m1/2/: accessed January 21, 2019), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.