The Sheriff's Department does fingerprints for civilians - for job apps, conceal carry permits and the like. THey want to charge for this service.

My knee jerk reaction is that I don't see this fee contemplated in the statutes, therefore - NO!

As usual, the claim is that other counties are doing it - what am I not finding in my (admittedly) sketchy research?

Lisa L. Peterson
Nolan County Attorney

You might look at Human Resources Code sec. 80.001. My research is a couple of years old, and I did not look to see if anything has happened to that provision, but I believe the sheriff is allowed to charge up to $10 for taking prints.

Also, see Op. Tex. Att'y Gen. DM-315 (1995) (Sec. 80.001 imposes duty on sheriff to take fingerprints upon request).

Please realize - I'm not arguing whether or not the department can or should take the prints just the money involved.

Under the HRC cite, I understand how they can charge up to $10; does the money go to the general fund or to the Sheriff?

My inclination is general fund, since there is no other depository designated...

Lisa L. Peterson
Nolan County Attorney

When I was asked, I told the sheriff that it should be handed over to the treasurer and credited to his department. I relied on Local Gov't Code sec. 113.021. I believe it goes to the credit of his salary fund (113.021(b)).