Case Information
*1 . October 6, 1971 Honorable J. 0. 'Duncan Opinion No. M-965
District Attorney
Upshur County Courthouse RS: Duties of County Clerk of Gilmer, Texas Upshur County in issuing
checks for County payroll and Dear Mr. Duncan: other expense items.
You have requested our opinion in answer to the following questions quoted from your letter, in vi@ of the provisions of Senate Bill 7.92, Acts of the 62nd Legislature, Regular Session, 1971, Chapter 467, page 1654, amending title 1709 and enacting article 1709a, Vernon6 Civil Statutes. "f
1. "Is it the responsibility and does the County Clerk of Upshur County continue the writing of payroll checks as heretofore performed by this office?
2. "Does the County Clerk Upshur County con- tinue to write checks in payment of any and all other bills approved by the Commissioners' Court of Upshur County, Texas?"
Senate Bill 792 reads, in part, as follows: "An Act amending Article 1709, Revised Civil Statutes of Texas, 1925, as amended, providing for the receiving, safekeeping and disbursing all moneys'belonging to the county by the County Trea- suxer; prescribing and clarifying .the duties of the County Treasures pertaining thereto; making said duties applic&le’to each County Treasurer Of the State; making tnem chief custodians of county moneys and liable for any wilful dereliction of duty or misuse of funds; pertaining to duties of other 1 All references to Articles are to Vernon6 Civil Statutes,
unless otherwise stated.
,
lionorable J. 0. Duncan, page
officers with xesponsibilities related to county moneys; providing a severability clause; providing a clarifying clause; and declaring an eamrgency.
Be it enacted by the Legislature of the State of Texas: "Section 1. Article 1709, Revised Civil Statutes of Texas, 1925, is amended so as to read as follows:
"The County Treasurer, as chief custodian Of county finance, shall receive all moneys belonging to the county from whatever source they may be de- rived} keep and account for the same in a designated depository or depositories; and pay and apply or disburse the same, in such manner aa the Camissioners Court may'require or direot, not inconsistent with '_ constituted law. Said court may provide funds for adequate personnel and proper media that would enable the treasurer to perform such constituted duties.
Upon failure to perform such duties the treasurer 'shall be guilty of dereliction of duty and subjeot
to prosecution.
Vection 2. Vection 2. From and after the effective date From and after the effective date of this Act, the County Treasurer in each county of this Act, the County Treasurer in each county this State shall receive all moneys belonging to this State shall receive all moneys belonging to F-yunty from whatever source they may be de- F-yunty from whatever source they may be de- as to moneys and mode and man- as to moneys and mode and man- Clarification Clarification ner 0; receipt thereof not InconsSstsnt with exiet- ner 0; receipt thereof not InconsSstsnt with exiet- fng laws follows: fng laws follows:
"(a) All fees, commissions, funds and moneys be- longing to the oounty shall bs turned over to the County Tkeasurer by the officer who oollected them, in the mahner prescribed in Chapter 98, Acts of the' 43rd Legislature, 1933, as smsnded (Article 1656a, with the county.. (emphasis added.)
* . . . *Section 4. From and after the effeotive date this Act the County Treasurer in eaoh county shall disburse all moneys belonging to ,the county, for
.I,,, .‘:; *3 Honorable J. 0. Duncan, page 3 a
wbatevtg purpoq3 they may be olaimsd, and shall pay and apply the same as required by law. No.
moneys shall be expended or withdrawn from the county treasury ?xoept by checks or warrants
drawn on the county treasury, whether such moneys are in a county depositoryas reqsired by law or not. Clarifioat+on of mode and manner of dis- ~~~~;t not inconsistent with existing.laws
'(d) Warrants: It shall be the duty of the ,' County Treasurer, upon presentation to him of any - -- ----- -- ..__ _ ___ WarrMt. oheolc. VoUCher. or order drawn bv Me aUthor2ty If there be funds sufficient for proper payment tnereof on deposit in the account against which suoh warrant is drawn, to endorse upon the face of such instrument his order to pay same thereln and to charge the same oo 8 to the fund upon which it0 drawn %&isRF n-d as provided in Article 2554, Revised Civil Statutes of.Texas, 1925, as amended. The County Treasurer is not authorieed to issue nor is the county de- pository authorized to pay a check drawn on the county depository to take up a warrsnt drawn by a proper authority, but the County Treasurer must, when such a warrant is .presented to him, endorse for the payee to it and deliver it to the pa ee tory for payment. . . . . present to the county depos (emphasis added).
TreasLsi Alpants issued against the County Y y judge or court shall be signed and attested Dy the clerk or judge of the court issuing tie sams under his official seal as provided in Article 1643, Revised Civil Statutes of Texas, 1925. ' R J tl fthP h 11 h ave authority to iZswaZa%s Treasurer for a~ai%etLaCounty any purpose whatever, except as provided in the Code Crirnlhal Procedure."(emphasLs added).
c . . . .Our opinion is that the Legislature hhs not changed It has enlarged the provisior the duties of the County Clerk. Artiole 1709 to include much of the language other statr which also oontrol the duties of the County Clerk as well as other County offioials.
Honorable J. 0. Dunosn, page 4
A full reading of the caption and body of Senate Bill 792 olearly shows that there is no legislative intent to re+al either expressly or by implication existing statutes goorning the duties of the County Clerk or other county offi-
Specific references are made throughout the bill to exis;ing statutes for the purpose of clarification or in cor- poration of procedures or provisions of those statutes into Senate Bill 792. Where there is no express repeal, the pre- sumption is that in enacting a new law the Legislature in- tended the old statutes to remain in operation. 53 Tex.Jur.
2d 150, Statutes, Sec. 102. It is also a settled rule of statutory construction that statutes that deal with the same general subject, or relate to the same general purpose, shall be considered in parf materia in order to give effect to all laws and provisions bearing on the same subject. 53 Tex.Jur. 28 283, Statutes, Sec. 186.
Ins Section 4(d) of Senate Bill 792 the Legislature has set out the duty of the County Treasurer to be the same as set out in Artiole 2554, which reads in part as follows:
Attorney General Opinion No& O-4462 (1942) held that is not under the provisions of Article $554, the County Treasurer authorised to draw a check upon the county depository but'18 required to endorse the warrant drawn by proper authority as re- quired by said statute. Under the provisions Article 1656a, 3912e and 3912e-4, the County Clerk is authorized to issue county warranta in paymsn't of salaries and authorised expenses incurred in the conduct of his office. Attoniey Genera:al Opinion No. N-299 (1968).
Article 1643 reads as follows: "All warrsnts or scrip issued against the county -treasurer by any judge or court shall be signed and attested by the olerk or judge of the wurt issuing the sams, under his"officia1 seal. *5 Honorable J. 0. Duncan, page 5
No justice of the peace shall have the authority to issue warrants against the treasury for any purpose whatever, except as provided.in the Code of Criminal Pro- cedure."
Section 4(e) of Senate Bill 792, is identical in lang- uage to Article 1643. It requires that all warrants issued ag- ains.t the County Treasury by any judge or court order shall be signed and attested by the clerk or judge of the court as pro- vided in Article 1643. Attorney General's Opinion No. O-6613 (1945) held that under the provisions Article 1643 all lawful county funds in the custody of the County Treasurer are subject to the lawful orders of the Commissioners Court and that under the authority of Article 1643 the Legislature contemplated the is- suance of warrants against the County Treasurer by the County Clerk. Having placed the same language of Article 1643 and 2554 in Senate Bill 792, we hold that the enactment of Senate Bill 792 has made no change in the duties the office of County- Clerk Upshur County, and both of your questions are answered in the affirmative.
SUMMARY Senate Bill 792, Acts 62nd Legislature, R.S., 1971, amending Article 1709 and enacting Article 1709a, V.C.S., has made no changes in the duties of the County Clerk of Upshur County to write war- rants in payment of the salaries of county employees and county bills authorized by law and approved by the commissioners court. A
Y s very truly, Py of Texas Prepared by William J. Craig "
Assistant Attorney
APPROVED
OPIiJIOiJ COMMITTEE
Kerns Taylor, Chairman
W.E. Allen, Co-Chairman