Texas Attorney General Opinion: MW-492 Page: 1 of 4
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The Attorney General of Texas
MARK WHITE
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
512/475-2501
Telex 910/874-1367
Telecopier 512/475-0266
1607 Main St., Suite 1400
Dallas, TX. 75201-4709
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002-6986
713/650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
806/747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerJuly 9, 1982
Mr. Charles D. Travis
Executive Director
Texas Parks and Wildlife Department
4200 Smith School Road
Austin, Texas 78744Opinion No. MW-492
Re: Disposition of fines
collected pursuant to sections
26.212 and 26.213 of the Texas
Water CodeDear Mr. Travis:
On behalf of the Texas Parks and Wildlife Commission you ask
about the proper disposition of fine monies collected pursuant to
section 26, subchapter F of the Texas Water Code when the arresting
officer is a game warden.
Section 26, subchapter F of the Water Code deals with the
criminal prosecution of violators under the Water Quality Control Act.
The policy of the act and its purpose are stated in section 26.003.
Among other things, the policy and purpose are:
to maintain the quality of water in the state
consistent with the public health and enjoyment
[and] the propagation and protection of
terrestrial and aquatic life.... (Emphasis
added).
Section 12.107 of the Texas Parks and Wildlife Code reads:
(a) A justice of the peace, clerk of any
court, or any other officer of the state who
receives a fine imposed by a court for a violation
of any law relating to the protection and
conservation of wild birds, wild fowl, wild
animals, fish, oysters, and other wildlife shall
send the fine to the department within 10 days
after the date of collection. A statement
containing the docket number of the case, the name
of the person fined, and the section of the law
violated must accompany the remission of the fine.
(b) The amount of the fine to be remitted to
the department is 80 percent in county court cases
and 85 percent in justice court cases.p. 1751
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-492, text, July 9, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272338/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.