Untitled Texas Attorney General Opinion, O-5035

Untitled Texas Attorney General Opinion

O-5035

Tex. Att'y Gen.

Jul 2, 1943

Check Treatment

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

HONARDS COMPTON

HONARDS COMPTON PROLTS

COUNTS

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*2 Hecorable Compten White, Page 2 of 21,136 Inhabitants according to the 1940 Federal Census, therefore, all of the oonaty officials of said ounty must be compensated on an annual salary basis as required by 500 tion 13 of Artie1e 39120, Yormon's Annotated Civil Statutes. The premiums on the official bonds of the above mentioned officials cannot legally be paid out of the General Fund of the County, but such premiums for the official bonds of said officials must be paid out of the officers' Salary Fund. Our opinion No. 0-1183 holds in effect that the premiums on the bonds of the County Treasurer, County Auditor and County Commisal oners and the County Sehool Superintendent must be paid out of the officers' Salary Fund. As you have been furnished a copy of this opinion we deon it unnecessary to send you another copy herewith.

With reference to your eceand question regarding reimbursement from the ounty for bond premiums paid by the above named officers from October 3, 1941, to December 31, 1942, it will be noted that Section (b) of Article 3899, Yormon's Annotated Civil Statutes provides in part: "Each officer named in this act, where he reo esives a salary as compensation for his services, shall be entitled and permitted to purchase or oharge to his county all reasonable expenses necessary 1: the proper and legal conduct of his office, premiums on official bonds, premiums on fire, bur glary, theft, robbery insurence protecting public funds, and including the cost of surety bonds for his deputies, provided that expenses incurred for premiums on official bonds for the county treasurer, oonaty auditor, oounty road commisal onere, oonaty sehool superintendent, and the hide and animal in ареator, including the cost of surety bonds for any deputies of any such officers, any be also imeluded, and such expenses to be passed on, predetermined and allowed in the time and amount, as nearly as possible, by the commisaloners' court once each month for the onssing months, upon the application by each officer, stating the kind, probable amount of expenditure and the necessity for the expenses of his office for such onsuing months, which application shall, before presentation to said oourt, first be endorsed by the ounty auditor, if any, otherwise the ounty treasurer, only as to whether funds are available for payment of such expenses.

*3 Honorable Compton White, Page 3

... All such approved claims and accounts shall be paid from the Officers' Salary Fund unless otherwise provided herein."

Ordinarily bond premiums as mentioned in the foregoing statute, are paid in advance covering a period of one year. The statute (Article 3899) as amended became effective October 3, 1941. Then the County Treasurer, County Auditor, County Commissioners and the County School Superintendent made their official bonds for the year 1941, said statute authorizing the above named officials to charge necessary bond premiums to the county was effective. Therefore, it is our opinion that the county cannot legally reimburse the county officials heretofore mentioned for bond premiums paid by them for the year 1941.

The statute (Article 3899) was effective when said officials made their official bonds for the year 1942. However, there are no facts before us that would indicate that said county officials complied with the provisions of said statute in presenting their applications to the Commissioners' Court endorsed by the County Auditor as to whether funds were available in the Officers' Salary Fund for payment of such expenses, stating the kind, probable amount of expenditure and the necessity for expenses for bond premiums to be passed on, predetermined and allowed by the Commissioners' Court. It will be noted that the statute makes no provision for a refund or reimbursement for bond premiums paid by said county officials. Unless said county officials complied with the provisions of the statute as heretofore mentioned, it is our opinion that the county cannot legally reimburse the county officials for bond premiums paid by them. In the absence of any facts to the contrary, we assume that the county officials did not comply with the provisions of Article 3899, supra. If we are correct in this assumption, you are respectfully advised that the county cannot now legally refund or reimburse the county officials for bond premiums paid by them for the year 1942.

AJEROVEDFEB 19, 1943

Yours very truly

ATTORNET GENERAL OF TEXAS

By Ludellinallion

Ardell Williams

Assistant

AWimp

APPROVED OPINION COMMITTEE By

CHAMMAN