Could a municipal or justice court charge traffic defendants or defensive-driving providers an administrative or referral fee under article 6701d, section 143A?
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This page answers the general question as of 1986. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-441: Defensive-Driving Administrative Fees
Plain-English summary
Article 6701d, section 143A allowed certain misdemeanor charges to be dismissed when a defendant completed a driving-safety course approved by the Department of Public Safety or the court. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
A municipal court had arranged to give defendants a list of approved course providers, which paid the court a fee for each section 143A defendant who completed a course. The fees funded administration of the dismissal program. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
JM-441 concluded that neither defendants nor course providers could be charged an administrative or referral fee because section 143A supplied no statutory authority for either charge. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Currency note
This opinion was issued in 1986. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Could the court charge the traffic defendant an administrative fee?
No. JM-441 applied the rule that a governmental fee could not be charged unless the law authorized it, and section 143A contained no such authorization. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Could the court instead charge the defensive-driving provider a referral fee?
No. The opinion said the lack of statutory authority applied to fees imposed on course providers as well as defendants. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Did the Code of Criminal Procedure recognize any court fee in a related traffic setting?
Yes. A related Code provision authorized a special fee for issuing and serving an arrest warrant for violating a promise to appear under article 6701d, section 149, but that did not authorize the section 143A administrative or referral fee at issue. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Background and statutory framework
Section 143A required the defensive-driving course to be approved by the Texas Department of Public Safety or by the court. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
The opinion also cited Code of Criminal Procedure article 45.07, which said an ordinance could not provide for costs, and contrasted the expressly authorized warrant fee in article 45.06. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Citations and references
- article 6701d, V.T.C.S., section 143A
- Code of Criminal Procedure article 45.06
- Code of Criminal Procedure article 45.07
- Attorney General Opinion JM-346 (1985)
- Attorney General Opinions JM-357 (1985), JM-165 (1984), JM-158 (1984), JM-153 (1984), JM-113 (1983), and JM-22 (1983)
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0441
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0441.pdf
Original opinion text
Best-effort transcription from a scanned PDF via OCR. Minor errors may remain; the linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
February 21, 1986
Honorable David Cain
Chairman
Committee on Transportation
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78769
Opinion No. JM-441
Re: Whether administrative fees may be assessed by a justice of the peace or a municipal judge in traffic cases arising under article 6701d, section 143A, V.T.C.S.
Dear Representative Cain:
You ask the following two questions:
May municipal and justice of the peace courts assess an administrative fee to defendants in administering provisions of article 6701d, section 143A, V.T.C.S.?
May municipal and justice of the peace courts assess an administrative referral fee to Texas Department of Safety approved or licensed Class 4 CDTS schools which provide driver safety courses to section 143A defendants?
Section 143A of article 6701d provides for the dismissal of certain misdemeanor charges upon completion of a driving safety course by the defendant. The defensive driving course must be one approved by the Texas Department of Public Safety or by the court. See V.T.C.S. art. 6701d, § 143A(a)(1), (2). You state that a municipal court contracted with certain providers of approved courses to present a list of the providers to section 143A defendants. In return, the course provider pays the municipal court a fee for each course completion by a section 143A defendant. These fees are used to defray the costs of administering the section 143A dismissal program.
It is well-established that a fee may not be charged unless the fee is provided for by law. Attorney General Opinion JM-346 (1985); see also Attorney General Opinions JM-357 (1985); JM-165, JM-158, JM-153 (1984); JM-113, JM-22 (1983). Article 6701d does not authorize the imposition of an administrative referral fee either against defendants or against the providers of defensive driving courses. See also Code Crim. Proc. art. 45.07 (no costs shall be provided for by ordinance); cf. Code Crim. Proc. art. 45.06 (authorizing special fee for the issuance and service of warrant of arrest for violating promise to appear under section 149 of article 6701d).
SUMMARY
Article 6701d does not authorize the imposition of an administrative referral fee in cases arising under the section 143A program for the dismissal of certain misdemeanor charges upon completion of a driving safety course by defendant. No such fee may be assessed against section 143A defendants or against the providers of driving safety courses without statutory authorization.
Very truly yours,
JIM MATTOX
Attorney General of Texas
JACK HIGHTOWER
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Jennifer Riggs
Assistant Attorney General
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