Case Information
*1 Hon. Charles H. Thsobald,
County Attorney, Galveston, Texas.
Dear Xi-. Theobald:
opinion 30. Rs: Appoint Your letter of December 28, 19319, kklressed to Attorney General i’il~lla6”%f,kaw, has beea referred
or this CountY have beiore then the question of th'enumber or deputies which the .d?mifr or .%.lveston County is en- titiedA.o apsoiat 'x?itb,their approval.
?~lvestoa, Cowlty, aOOotdin3 to the last Onited States Census, contains a pqmla-
one of WWI!I is t5e qifioe deputy and handles the acoounts in the Sherifrfs ofrioe and the other --'the county oourt and, in addition to
that, they serve the processes in olvil and oriminal onses, as well as summons the jurors for the oourts, Including special vcnires in onpitnl osaes and.
in raot, all the duties of the Sheriff, and naturally they are always crowded ior time. you Is to ask in writing ‘Ty purpose ,’
, *2 _lon. Charles H. Theobald,
January 5, 1939.
if Article 6809 of Vernon's Annotated Civil statutes (pooket) is still in effeot in that it limits the number of deputies to be appointed by the Sheriff in any one aounty to not ex- ceeding three in the justice preoinot in zhloh is located the, County Seat and one in each Justice Preoinct. The reason *or my dirriouity in determining if the said statute is still in eifsot is thnt at that time the Sheriff W&S vJ0rkin.y entirely on a fee basis and no3 he, as well as other officials of this county, work on a salary basis. J
"Article 39'02, Vernon's Annotated $ivil statutes, (pocket) AotS of the 45th Lcgislnturz, 2nd Coiled 5esaion, senate ijill "10, section. $1, provides for the aqo T ntaent cf deputies by You will sotc that county offioials. the first ;?aru,sraph Thereof provides that, ~&on any dlzztriot, oounty 01 ;reoinct off?c::r shall re?uirt: the services 0P deputies, at;sistnnts or olcrks In the performanoe of his duties ha shall apply to the County Comnl~sion- ers' Court of his oounty for authority to appoint suoh deputies, assistants or clerks; then follows the re0glrements cf the applioation. It would seem that under Artiole 3902 the 5herifr of this county, having a population of 64,401, (20a. 4) is entitled to a first assistant or ahief deputy and other assistants, deputies or clerks, the salaries being named.
"In view or the forer;oin.y, it ooours to me that the Sherirr of this Tounty is nnt ll-nited to the three deputies at the Count :' ssat snd 028 in conch justlce pre- sinct, but tbnt he may meke :3nplization to t?.e Cc:~nis3ioners' ':ourt in tl1.3 form, settin; out t?a number of ic!putlcs, ussis- taut3 or clerks th<lt he requires for the performance of the duties of his offloe, _.i
nanin< the salariee to be paid them, of course within the limitaticn prc- se:ibcd by lsw; and then, the Commlssicn- ers' Court, aoting within its di~oratlon, say determine the number to be appointed as to the Court may appear proper.". You ara respectfully advised that it isthe opinion of this department that you are oorraot in your oonslusion of law as to the above question.
The depsrtaont is not in possession of any Jefinite decision ntfeotin~ the question on ~hand, and therefore must arrive at the oonclusion that :r!iole 6069, Vernon's Annotated Texas Civil Statutes v%ich sFplies to the sheriffs undsr the ?ee La:\*, has beon supersoded insofar as it ap:lles to 5alveston SOrint7, TdXSS, a oounty havlnn, a ;?opulotion of 64,601, States ~%%wuc, by I'rticla asc‘ordinr to the 1~st~Ynlted ,113 0 2 , ihvised 'Civil Statutes of icxas, snJ. Section 1 t'.ieraof, and by t5e Officers' 3a13:y La;:- Of the .It3ti$ of Texas.
It 13 :he further opinion of this department that it rests -vithin the discretion c? the Xon. Co-rrlssion- crs' Court sf Glveston County, Taxas, ns to the num- her of deputies vrhioh the sneriff should employ. You will note in Article 3902, qevisod ~Civil Statutes, that the sheriff shall r&co sgpllaation to the Commissioners' Court for the e~pointmcnt of deputies, and ato., and t-at, furthsrrzore, he shall show the orobabla receipts and disbursements of his office in o&m for the Commission- ers' Court to determine the number and necessity therefor. I It in therefore the ophion of this de?artsent , that suoh a~pointaents of deputies should be determined by the Commisslonors' Court of Galveston County, Texas, through the necessity o,P such sppointaents md dS0 :Tovernd by t'ng r~vnnu~s of the s::eri.ff's offloe. It is very evident t>zt no sue? apFo1ntwct.s should axcccd that o'.' necessity :!nd that Gue oonsideration of ~11 condltlcns nuoessitat1nC 3a ii appointments s!loull be the coctroll!nE f~iotor in suc:1 acnsidcraticn ~1s 31.:ht. 3rise affzcting A <. Lo, :a n,ountg 2:t lari:e.
"hsrofore, ::ou are ronpeotfullp advised that the law oontemplstes the safety end seourity of the pro-
” Zion. Charlas H. Theobald, (14 January 5, 1939,
perties ot ~eoplc sn;: their personal care and protec- ticn arid such action taken by the Honorahle Coxnlssioners~ Court should be governed accordingly, all In their sound disoretion.
YOUI- respoottully, ETORmY C3E:RA3.. OF ?ZXAS 'ZJF : .aw