*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

GERALD C. MANN ATTORNEY GENERAL

Honorable Ray Winder County Attorney Cooke County Gainesville, Texas

Dear Sir:

Opinion No. 0-5110 He: County officials may, at their option, require their deputies to make surety bonds and re-labed matter.

Your request for opinion has been received and carefully considered by this department. We quote from your request as follows:

"Cooke County has a population of between 24,000 and 25,000 according to the last Federal census and pays its county officers, salaries under the officers' salary law.

"Your opinion is desired as to whether, under the provisions of Article 3899 (b), or other applicable law, the county officers named and referred to therein, are under a duty to require their deputies to make and file official bonds?

"In event, your answer is to the effect that said article is not mandatory but permissive, then please advise (1) whether discretion to require such bonds for deputies lies entirely with the employing officer or (2) if final discretion in the matter devolves upon the commissioners' court?

"Art. 3902, Rev. Civ. Statutes, as amended, provides for appointment of deputies, assistants or clerks by district, county or preclnat officers requiring them. Official bonds for these deputies not discussed in this Article.

*2 Honorable Ray Vinder, Page 2 "Article 3899 of said Statutes requires County Officers to make monthly reports of expenses in- ourred in the conduct of the office. Section (b) thereof provides, in part, as follows: "Each officer named in this Act, where he receives a salary as compensation for his services, shall be entitled and permitted to purchase or charge to his county all reasonable expenses neo- essary in the proper and legal conduct of his office, premiums on official bonds, premiums on fire, burglary, theft, robbery insurance protecting funds, and including the cost of surety bonds for his deputies, provided that expenses in- ourred for premiums on officials' bonds for the county treasurer, county auditor, county road commissioners, county school superintendents, and the hide and animal inspector, including the cost of surety bonds for any deputies of any such officers, may also be included, and such ex- pense to be passed on, predetermined and allowed in the time and amount, as nearly as possible, by the commissioners court once each month for the ensuing month, upon the application by each officer, stating the kind, probable amount of ex- penditure and the necessity for such expenses of his office for such ensuing month, which application shall, before presentation to said court, first be en- dorsed by the county auditor, if any, otherwise the county treasurer, only as to whether funds are available for pay- ment of such expenses." "For your information in considering the ques- tions herein presented, I quote or refer to various statutes on the subject of deputies for county of- ficers, viz.: "Article 6870 of the Revised Civil Statutes of Texas reads as follows: "Sheriffs shall be responsible for the official acts of their deputies, and

*3 Honorable Ray Winder, Page 3 they shall have power to require from their deputies bond and security, and they shall have the same remedies against their deputies and sureties as any per- son can have against a sheriff and his suretics." "Article 6879 of said Statutes authorizes Con- stables in cities of 8,000 or more inhabitants (applicable to the city of Cainesville in Cooke County) to appoint deputies who shall qualify as required of deputy sheriffs." "Article 1938 of said Statutes, with reference to appointment of deputies by the County Clerk, contains no provision with respect to bonds of such deputies." "Article 7252 of said Statutes, authorizes County Assessor-Collector of taxes to appoint deputies who may require such bond from the per- son so appointed as he deens necessary for his indemnity; and the Assessor and Collector of taxes shall in all cases be liable and account- able for the proceedings and misconduct in of- fice of his deputies." "Article 1650 of said statutes, as amended by the 44th Legislature, authorizes appointment of assistant county auditors and they may be required to give such bond as the County Auditor may deter- mine, which bond shall be paid for by the County and shall run in favor of the County and of the County Auditor as their interests may appear". "Art. 331 of said statutes, authorizes County Attorneys, by consent of the commissioners' court, to appoint one or more assistants, specifying the powers of such assistants, term of office, that they shall take the oath of office, etc. There is no requirement that such assistant file an of- ficial bond. "Art. 3912, sec. 13(a) of said statutes pro- vides that the commissioners' court may authorize employment of a stenographer by the County Judge and pay for such services out of the general fund

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Honorable Ray Winder, Page 4

of the County to an amount not to exceed $\$1200.00$ per year. There is no requirement for official bond in such case. "Unless the implications of Art. 3899 (b) of said statutes require the making and filing of official bonds by deputies of county officers, there seems to be no such requirement as to district clerk deputies nor the deputies of county treasurers and justices of the peace. Except as herein mentioned the statutes, I believe, are silent as to requirement of bonds for deputies."

You have quoted or referred to the pertinent statutes and we deem it unnecessary to refer to them further.