Case Information
*1 OFFICE OF THE AlTORNEY GENERAL OF TEXAS
AUSTIN 2;) . 0 -504?
,~... A. Courtney
Countf Auditor
Angsllna oounty
Lufkln, Texas
Dear Sir;
Your requset for opi
oarefully considhred by this
your letter of reylcst es io
"1. When a pereon
by any Oounty Official
oar deputizing
of the recordi
ooraing iem of the Offiaiel y Judge and the Road Ccuiaiinsion- hould ba psi4 the County out d also Justlasr of fhc Peace?
lclelr drawing a yearly ralary, being paf'a-tie txslfth said eaoh month, but oontend these fsrs rhould be paid by the county out of county TundS." Angslina County, Texas, aoooralng
The population to the last ptecsdlng Isdsral Cenrus of 1930 1s Z7,803 inhabi- greoinot offl- tants. we underrtml from your letter oera ara aompenrated upon a salary basis as ml1 ae ths oounty offiorra..
Ronorablo R. Ccurtney, Page 0
Srotlon (b). of Article 3899, Vernon*@ Annotated Texas Civil Statutea, reads in part aa follows:
“(b) Eaah offloor named In ttis Aot, where ha raoeiver as oompensntlcn for his SF!rviO8S, shall be empowered end permitted to pur- ohess and hsre ohargsd to his oounty all reaacn- able ex99n6es necessary in the proper and legal oonduot of his offloe, prenlurzs on 0fricia* bonda, pre~lum on firs, burglary, theft, robbery lnauranoe protecting pub110 funds and inclualng the cost of surety bonda for his Deputies,. ,su:h expenses to beg passed +zt,. pm-determined and cllow- rd in kin4 and EEOUlltCtj a8 naarly BLI pOeBible, by the Commissioners* Court once rzch month for ensuing month, upon the application by ecloh offi- am, etating the kind, probable amount of expendl- and the necessity for the expenses of his ture ofrioe for auoh ensuing month, whloh applioation shall, before presentation to ocjld court, be first endorsed the County hudltor, if any, otherwise County Treasurer, only a6 to whether funds are available for payment of such expe:leea . . . . . . shell be made by enoh offi-
%uoh purbhases oer, when allowed, only by requisition manner provided by the County Auditor, if any, otherwise by the Ctnrmia~ioners’ Oourt. Eaoh ofriorr shall, at the 0108e of eaoh rc3nth hlr %cntm ofrloo, make an itemized and sworn of all approve4 report l xpenserr inourred by him and oharged to his oounty, aooompanylng 8uoh report with ln~oloes covering ruoh purchaser sn4 requisitlone lrrsued by him in support of suoh report. If suah expenses bs ln- ourred in oonnectlon with any artioular oaae, such !i report ahell name suoh case. uch report, lnvoloca and reqUlaltlOna shall be rubjeot to the audit of the County r;udltor, 1S any, otherwise by the Com- Court, and If it appears missioners* that any item W&P not incurred by such oftiosr, or that such Item was not a neO6sBary or legal expense of such office, or purchased upon proper requisltlon,suoh shall item be by said County Auditor or oourt rejected, in rhloh oa~e the payme& of such item may be adjudl- oated in any court of ocrpetent jurlsdiotlon. All *3 Oourtney, page 3
such approve4 olelme and aooounte ahall be pal4 from the Offloere* Snlary Fund unless otherwise prov1454 herein. . .I
The law requires the appointment or deputotlon of oqrtaln deputy oounty offlcere to be reocrded, For sxaqpl e , vie: Deputy Sheriffs, Article 6869t Deputy County Clerks, Article 1938; Deputy District Olerks, iirticle 18981 sto.
All offlolal bonds of county offloere l&t are re- quired law to be approve4 by the oomleelonere~ oourt, whioh hare been so al: roved met be reoorded by the county clerk. (Article 6000 P
Comlesloner6~ Court6 are oourte of lImIted jurls- diction, their authority extend6 only to matters pertnlnlng to the general welfcre their respective ooun- ties their power6 are Only those expressly or im- plied19 oonferred upon them. by law, - thet is, by tha Constitti- tion end etotutee of this State.
&rtlole 3899, 3ection (b), supra, does not authorize the oounty to pay the coat of rEoordlnq the a~pointnsnt or deputations of deputy county offioere.
Art1016 3899, Section (b), eupra, authorizes the peyment of premlu~e on tte offlolel bonds of the officers named in the ect and the cost of eurety bond6 for tiielr deputlee when It6 oonditlone are oomplie4 with. Road Com- mleeionere not named in the aot and ooneeque-tly premium on t:elr bonds must be paid by Roe4 Commieelon- era pereonally.
‘Art1016 3899, Seotlon (b) eupra, epeoltloally authorize4 the payment of the premium on bonds of oounty offlolala and their deputlee. We am of the opinion this authorization will not lnolude~. the cost of recording t!zeee bonds, whloh expense we think 16 personal expense and should be horns pereonally by the ofricere asd deputies.
You are therefore reepeotfully advised it la
,
Honorable RI A. Courtney, page 4
the opinion oi this deportment the county he6 no author- ity to pay the recording tees nentloncd your two queetlone tLe sa:'.e should be paid perscnnlly by said deputies by eaid 0rriaiale.
Youre very tmly BY Y&L. 3. Fanning Aeelethnt AFiXO'ZD JUXE 7, 1940
/e/ Grover Sellers
First clseletant
Attorney Oemral
i