Case Information
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OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN
Janunry 27, 1939 Hon. Thomas L. Rlanton, Jr.
County Attorney Shackelford~County !\ Albany, Texas \ ;, ---. \ -~.+ i, ,/'
Dear Sir: \. . . '.. -,\ "..\ Opinioli x0. 0-6s. y Re: In S!laokolford County: ",. ) (1) Isit legal, for county to'Say sianogrsphar,for County J&a ,Tro31 General PUnd?
(2) 3ow may deputlos, assistants, e,to. of Sheriff*s and Clerk's offices be ;laid? or 7our let- ~~kii3 tit?purt:atnt ackroxledge& receipt of Janucrg 6th , T:<hiah raises the questions stated above, ter
and reqtieSt.8 onr,cpinion thereon. Vr::ith raferenoe to the:tirst question, you are re- speotrully~.referred tothe provisions of Article 3891, R. c. S ., asemendod. In partit provides: ,,I' / '-\
/ ,I' '%&~.Officer named in this ohanter shall i rirst out/o&the current fees of his-offloe pay ‘x,~or%be paid the.~amount allowed him under the pro- -visions of ilrtiole 3883, together with the Sal- ariesof his assistants and deputies, and nuthori- zed..expenses'under Artiole 3899, and the amount necessary to cover oosts or premium on whatever surety bond may be requlrod by law. If the our- rent recs of such Office collected in eny year be more than the amount needed to pay the amounts above speoificd, same shall be deemed exoess fees and shall be disposed of in the manner herelnaitei* provided."
In addition, you are referred to Artiole 3899, R. C. *2 7’ .
Hon. Thomas L. Blanton, Jr., January 27, 1939, Page 2 S ., amanded, relating to monthly expense accounts, reading in part as roilons:
The amount of such expenses, together with the amount or salaries paid to assistants, de- puties and olerks shall be paid out of the fees earned by suoh orrloer.*
There are two olearly defined provisions of the statutes oontsined In Title 61 of the Revised Civil Statutes, one applicable to counties wherein officers are compensated on a fee basis, the other where oompensation is provided un- der the salary syotem. From inquiry :nade to tha Comptroller, we are advised that ijhaokelford Ccunty is a "fen" county with a population of 6,695 and property valuation of $6,842,790.
:'here is,' in view of the statutes quoted above general law authorizing the pmployment of a stenographer'f~~ the oounty judge and payment of salary rron the general fund. If there is any special law applicable to Shaokelford County, or those oovnties felling within a populetion or property valuation bracket which vould apply to Shackelford County, ye are unabla to find it. 1
You are, therefore, advised that there is no legal
authority for payment of the county judge's stenographer from the general fund.
The supplemental letter opinion written you on Deoember 21, 1938 by hssfstant Attorney General Be S. Gray is withdrawn, and speolfically overruled.
Xith reference to salaries of deputies, assistants, eto. of the sheriff's and alerk's offices, it is our opinion the provisions of Artlolas 3891 and 3a99,supra.likewise apply and their oompensation must be derived from fees Of the of- \ ri0ss.
'l/e have your inquiries for oplnlons relative to
transfers of oertaln funds enumerated in your other letters dated January 6th. :J;'e beg to advise that the complicated questions therein raised nre reoelving our consideration and
F-- .<’ “’ _, -a Hon. Thomas L. Blanton, Jr., January 27, 1939, page 3 will be answered at the aarlle,st possible time wa oan digest the authorities and reaoh OUT oonol~~lon~ Very truly yours