Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN ;’ . .
a-c.blAm . . ; ~-oP(EAb
Eonorable H. D. Stringer
County Attorney
Hall County
mzphis, Texas
Dear Sir:
tsx .0olleo-
"1 amof course familiar with 1prt. 7332, R. S. whioh says the.fee for the County Attor- ney in delinquent tax suits shall only be that prcsoribsd by da Article. However, Art.
7345b being a later enaotment, and Sec. 13 providing that in case or oonfliot the provi- sions of said Article should oontrol, it oo- *2 Hocorable E. D. Stringer, Page 2
OUrr0a to roe that I w0Uia be entitled to the fee set out in Seo. 0.
"It would‘setxh that this oonstruotion xould be a logioal one because the fee pre- scribed by Art. 7332 is wholly inadequate." T?is department has heretofore ruled on a question very similar to that presented in your inquiry in opinion x0. C-1695. In that opinion it was held that Seotion 6 of Article 7345b did not apply to county or district attor- nsys'rezarding fees in delinquent tax suits. The county or district attorney is entitled to only those fees as are pro*?iaed by Article 7332, Vernon's Annotated Civil Stat- UtsS. Ye are enolosing a copy 0r said opinion for your in;'omation.
In view of the statutes mentioned 15 opinion MO.
O-1595, you are respectfully advised that it is the opinion of this aepartnent that the county attorney is not entitled to tan per cent of delinquent tax collections as mentioned in pour inq*uiry, or any other compensation, but is entitled to only such fees as are provided by Article 7332, Vernon's annotated Civil Statutes. Our opinion No. O-836 is hereby 3verri:led in so far as it ccnfliots with this opinion and Qinion No. O-159S.
Trusting that the foregoing fully answers your
knquiry, we are
Yours very truly ATTOFUEY GK?ERAL OF TZXAS ;SISTAKT I GZNERAL
BY Araell W.lliam3 Assistant COMMn-rPL