s fund to their road and ther fund.n fore, this opinion is to bo construed as applying to fines oolleoted only in mlsdeueanor oases generally, and not to lines collected for violation 0r certain game, fish, ana oyster 'lavrs and other speoial statutes requiring that fines be deposited in the State Treasury.

359 Honorable C. C. Benton, Page 2

Montague County~has a population of 20,442 inhabi- tants aocording to the 1940 Federal oensus. Therefore, the oounty ofricials or said co;mty must be compensated on an annual, salary basis es required by Article 3912e, Vernon's Annotnt~edCivil Statutes. . -.

After oaremlly considering the applicable provi- sions of. Artlola 3912s.. end Art&lee 1626, end ,1628,.Vernon*s Annotated Civil Stetutss;in oonneotionwlth your request, you are reapeotfully edvised,that it is our opinion that fines; other than those heretofore mentioned, when collected in misdemeenor.oeses, ,must be.plaoea or deposited In the Road end Bridge ~Fund OS the County. Of course;.the oo~~is- aions on such tines whioh are allowed to the.varlous oo-unty ofriolals'must be deduoted and placed In the Offioers"~%lary Fund of the County; and the residue of' said fine%, ashereto- fore stated,~ must be deposited.in the Road.and Bridge Fund of the County, ~Generally speaking, in all oounties containing a population of'lesathan 190,000 inhabitanta aocording to i the laat~~preaeding, Pederal.census, it is the duty of all

cqioers who %re compensated onan annual, salary.basis to charge and ,oolleot,. In the .maMer authorized by law,- all Sees end comission~ which are permitted by law to be as- sessed end oollaoted ior all oifIoiel.services performed by them; ana when.suoh fees and commissions are oolleoted, they shell be deposited In the Ofricers* Salary Fund, as provided by the Ofricers'.Salary Law of thisState. However, fines are not fees or oommissions within,the purview of~the statute re- quiring them to be.deposIted in the Officers1 Salary Fund.‘

Wlth.rererence to the.last portion or your ques- tion relative to the transfer af funds, you are advised thnt the Commissioners' Court has no legal authority to transfer fines deposited In the Road and Bridge Fund to any other fund of the County;,: In support of this statement, we direot your attention toour Opinion X0. 0-3820-A. which holds in erreot, among other things, that the portion of the Road and Bridge Fund derived rrom.flne8 and forfeitures cannot be.trans- rerred to eny~other fund. Vie enolose herewith aY&opy of said opinion for your convenienoe.,

Very truly yours ATT@XMY GENER.5L OF TEXAS Ardell Viilliams Eno. 1