Attorney General Opinion WW-1290

THE ATTORNEYGENE- OF TEXAS w’miL WILSON *x-roRNEY GENERAL March 29, 1962 Hon. W. W. Kilgore Opinion Ro. WW-1290 County Attorney Victoria County Rer Whether justice courts or county Victoria, Texas courts have jurisdiction to try persons who are charged with vlo- lating the provisions of Article Dear Mr. Kilgore : 802e of Vernon’s Penal Code. We have received your request for an opinion as to whether justice courts or county. courts have jurisdiction to try t; ersons who are charged with violating the provisions of Article 02e of Vernon Is Penal Code. Article 8020 of Vernon’s Penal code of Texas prwldes in part as follows : “Any male minor who has assed his 14th blrth- day but has not reached his 1 f; th birthday, and any female minor who has I? ssrd her 14th birthday but has not reached her 1 th birthday, and who drives or operates an automobile or any other motor vehicle ~ on any pubbic road or highway in this State or upon’ any street or alley within the limits of any city, town or village or upon any beach as defined in Chapter 430, A&s of the 5lst Leg&il.&Ire, 1949, while under the influenoe of intoxfcatlng liquor or who drives or operates an automobile or any o her c motor vehicle in such way as to violate any traffic law of.this state, shall be guilty of a misdemeanor and shall be punished by a fine of not more than One Hundred Dollars ($100.00). . . .,w nSectlon 2. No such minor after conviction or plea of gu$lty and imposition 0 i fine, shall be com- mitted to any jail in default of payment of the fine Imposed, but the court imposing such fine shall have power to suspend and take possession of such minor ‘8 driving license and retain the same until such fine has been paid.” t%ection 4. The offensrs created under this Act shall be under the jurisdiction of the COUrta regularly empowered to try misdemeanors carrying Hon. W. W. Kilgore, page 2 (WW-1290) the penalty herein affixed and shall not be under the jurisdiction of ihe Juvenile Courts; but nothing contained in this Act shall be construed to otherwise repeal or affect the statutes regulating the. powers and duties of Juvenile Courts. The provisions of this Act shall be cumulative of all other laws on the subject.” Justice of the Peace or Justice Courts are provided for in the Constitution of Texas. Constitution reads : Article V, Section 19 of the “Justices of the peace shall have juris- diction in criminal matters of all cases where gt k?%Fg t”u for two Q&red dw f&e to be bmsed bv law GLY and skh other jurisdiction criminal or ai%, as may be provided by law kder such regula- tions as may be prescribed by law.” It has been held that the Justice Courts have no juris- diction to try cases when the punishment exceeds a pecuniary fine of two hundred dollars. Imprisonment for any length of time or a susoension of a license in addition to a fine has been held to remove the criminal offense from the jurisdiction of themJustice ~;~~1W.Tk&+.&&&011~~5rim. 369 (1876); Morris v. State, Article 60, V,C.C.P., reads as follows: V’Justices of the peace shall have juris- diction in criminal cases where the fine to be iIIIDOSed bv law mav not exceed two mdred do&- J&g& ” In &rris v 0 Stau o mp the Court of Criminal Appeals held that a statute providing for punishment by a fine of not more than two hundred dollars and forfeiture of hunting license and right to hunt for one year removed the case from the jurisdiction of the Justice Court. feiture. Here, of course, there was fine & a for- Article 917, Code of Criminal Procedure, provides that the defendant shall remain In the custody of the sheriff until the fine and costs are paid. Such imprisonment is not an additional penalty but rather an aid in’ the collection of the fine. ,.., . . Hon. W. W. Kilgore, page 3 (WW-ET.gOJ It is our interpretation of Section 2 of Article 802e, V.P.C. that the penalty set out is a fine of not more than One Hundred Dollars. Although Section 2 states that "the court im- posing such fine shall have power to suspend and take possession of such minor's driving license and retain the same until such fine has been paid," its purpose is analogous to Article 917, V.C.C.P. and is only applicable upon failure to pay the fine. Section 2 is not an additional penalty, but is likewise an aid in the collection of the fine. The Justice Courts have jurisdiction to try per- sons charged with violating Article 802e of Vernon's Penal Code. Yours very truly, WILL WILSON Attorney General of Texas Irwin R. Salmanson Assistant Attorney General IRS:bjh:wb APPROVED: OPINION COMMITTRE W. V. Geppert, Chairman Robert Lewis Fred D. Ward Elmer McVey RRVIEWRDFCRTRE ATTOFi~YGENEFlAL By: Houghton Drownlee, Jr.