Texas Attorney General Opinion: V-649 Page: 1 of 2
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ALUSTIN 11, TExAS
August 5, 19.8
Hean, omer Dean9, Jro Opinion No, Va649
Jim Wells Coenty Re: Assessent of costs.
Alice, Texas after placing an adult
defendant on probation
Attentias Hean, in a salary county0
Dear Sir: "
We refer to your letters in which you ask
if costs should be assessed against a defendant who
has been placed on probation after conviction in a
criminal case in a salary county , You have not re-
ferred us to any authority which distinguishes be-
tween fee counties and-salary counties concerning
liability, of a convicted defendant for costs in a
criminal case and we have tnfnd-none, Therefore this
opinion applies to both such. counties.
Section 31 of Article 781b, Vernon's Code
of Criminal Procedure, reads
"For the purpose of determining when
fees are to be paid to any officer or office,
the placing of the defendant on probation
shall be considered at fial disposition of
that ease, without the necessity of waiting
for the termination of the period of proba.
tion or suspension of sentence,-
The language "for the purpose of deternin-
ing when fees. are to be paid to any officer or office"
makes plain that all such fees become due and payable
at the time the defendant is placed on probation so
that process may issue therefor, Language that is
plain is not subject to construction. The assessment
and collection of costs is not affected by placing- the
defendant on probation.
1i'flE A1'tTORNEIY GENERAL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-649, text, August 5, 1948; (https://texashistory.unt.edu/ark:/67531/metapth265468/m1/1/: accessed March 20, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.