Case Information
*1 Honor8hle 8. C. 8mith --Y h+=-Y
Basque CountJr
Meridian, Tens Cpinioa No. 04902
Dew 8irr Be: ,bthority of Connaissioners' Court of Bosqus County to desig- n&e 8 deputy to aat for and draw salary of aounty superintendent induoted into the armed Semites. Your recent oomwuioatioa to this offZoo reads as follows: "One of our oounty offioials, a young man who was elected at the last elec- tion to som a four-year term in said office, is about to be iaduoted in- to the armed serrice8, havingsrved a little more than a year of his term. "Cur County Judge has asked me to get a ruliag froa your Department as to whether or not the Cormaissioners' Court of our county could designate his deputy to rot in MS plaoe in his absanae and dra% all salary and other compensatioa of the offiae, m that ia the event of his discharge before his term of offioe expires, he oould again asswne the duties of the office. "I have advised the County Judge that in rqy opinion this oarmot bo done, but he is anxious for a ruliag from your Deparbnsnt dn this matter and I would appreaiate a ruling from you on this mttsr, and would bevery glad to know +&at q opinion in this matter is incorrect."
It is the opinion of this department that you have advised your County Judge correotly.
Article 2689, Revised Civil Bfatutes, provides for the oathand bond to be f&en and givea trJr an elective County Superintendent. Artiole 2693, Revised Civil Statutes, prescribes his general duties. Additional speaifio duties are imposed upoa said off'ioi81 by various other statutes.
We have been unable to find amy a:thority, constitutional or stat- utory, whereby your oounty oonmdssioaers court is empowered to designate any personto aot ia the absence of the Ceun% Superititsadeat, or draw his salary and other oompsnsatioa of offioe so long= ao vacaaay etists in said offioe.
i:or:orable S, C. Smith, Page 2 (o-5902)
The commissioners' court is empowered, by a majority vats of' the members of the court, present and v$ng, to fill a vacancy in the office of County Superintendent of Publio Instruction. Article 2355, Vernon's Annotated Civil Statutes. Eo suoh authority exists, however, unless a vaomcy occur*, and no such situation is presented in your oonnnunication.
Article 2700, Vernon's Annotated Civil Btatutes, as amended by the 40th Legislature, provides that "the County Buperintendeat, with the appmv- al end confirmation of the County Board of Eduoation, may employ a oompe- tent assistant to the County Superintendent . . . and may emplor such other assistants as necessary . . .s Eo provision is made for a deputy oounty superintendent and no provision is made oowring the duties of suoh auth- orized assist,nts, except that they are required at all times to work ur.d~~r the supervision and direction of the County Superintendent of Pul+ I.: c L!struotion.
t7e beve found no statute authorizing the appointment of a substi- tute county superintendent. The County Superintendent of Public Instruc- tion is the only offiolrwho can perform the duties of said offioe. There- so long as no vacancy exists in said office, the Commissioners* fOP0, Court or your county is without authorit;y to designate anyone else to perfons suoh duties. In this oonneotion, see the case of Marquart V. Harris oounty, 117 8.E. (2d) 494.
Similar conclusions as herein expressed were set forth in this department's opinion Eo. O-3344, aPproved Maroh 29, 1941.
Very truly yours ATTORNEY G!dNERAL OF TEXAS By /s/L. H. Flewellen LHFsEPw~R
L. H. Flewellen APPROVED APRIL 5, 1944 Assistant (;/tp;j P. Blackburn Approved AT;O%EY Gl!TRRAL OFTEXA8 Opinion Committee ByBEB chairman