Article 3902, Vernon's Annotated Civil Statutes, provides, in part:

.:;, Whenever any district, County, or precinct . officer shall require the services of deputies,

assistants or clerks in the performance of his duties, he shall apply to the County ConmFJ.ssion- ersl Court of his County for euthority to appoint such deputies, assistants or clerks, stating by sworn applicati'on the number needed, the position ~to be fil1e.d and the amount to be paid Said appli- cation shall. be aocompanLed by a statement shovfing the probab1.o receipts from fees, commissions and compensation to be collected by said office during the fiaoal year and the probable Bisbursements whioh ehall~ intilude all salaries an& .expeqses of said ,of,f ioe;~ and.said aoourt shall make its order author- izing the appoixitment of such doputies, assistants ati clerks and fix the'oompensation to be paid them within the limitations herein presoribed and A~eter-. mine the number to be appointed as in the discre-?.ion or aaM court may be proper . . . ." 'l'.&eo. (a) of A+....j%99, Vernon's Annotate4 c!ivil.

.+itutes; provides, in per+ i

R . . . The amount of~salariea~paid to assistan'ta and deputies shall also ,be clearly shov;n by such of- fioer, giving the name, position and~am.ount paid each; snd in no event shall any,officer show any greater av.ount than sctually paid any such assistant or deputy, T&e amount of such expenses, $ogether, with the amount . . of salaries paid to assistants, deputies, and clerks, shall be paid act of fees earn@ by such officer...." You state in.your letter that the constablesof your aounty are compensated on a fee basis rather then rn annual s6lary basis. Lpder Art. 1902, if the constahlcs desire to appoint deputies, they psEzrequlred to file with the Commis- sioners' Court cn application for authority to appoint such deputies as outlined by the statute. The Commissionars' Court may, if It desire8 , grant the authority to appoint such *3 Hon. Fred V. Kerfdith.page ^[3]

deputy constables. It is also the duty-of' the Commissioners' Court suthorizin<: the appointment of such deputy constables to fix the compensati.on to be paid them within the limitation contained in the epplicablc provisions of the statute. Vherc the con.stables are compensated on a fee basis rather than an anuual salary basis, the compensation of the deputy constables must be paid out of fees of' office aarned by the constables. W'en the constables make applications to the Commissionersr Court for authorS.ty to appoint s,uch deputies, such applications must state the number of deputies needed, and the ansuht to be ,paid.

Specifically answering the question presented in your inquiry, you ere advised that it is our opinion that the deputy donstablen must be compensated in the amour&fixed by the Com- .missioners' Court under,...&ticle 3902, and that such oompensation,

where the constablesare oompensated on a fee basis, must be paid out of the fees earned by sudh constables. Therefore, the deputy constables would not receive "the whole Sees earned by them in the performance of duties of the ~ffice.~ The constables. would not be authorized to pay the deputy constables E commission on the fees of office coilected, but as above stated, ;;he compen- sation of the deputy constables must be fixed by the C+mnissioners* Court by the order authorfz:;ng*the conntables to appc!.:t such deputies, snd the compensation of such deputy constables must be paid out of fees of office earned by the constables. .I

- Ardell Tilliams ;fssiatant.

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