Case Information
*1 Ronor(lbze Burl Rrittain Comty Auditor
San Pstricio county
Sinton, Texas opinion Bo. o-U36
Dear Sir: ore: Doss Opinion O-880 apply to counties where
constables are working on a fee b&bsis and not under the salfry law?
If the sheriff and one or more of his deputies are in attendance upon the court at the same time, are each entitled to the $4.00 per diem?
Your request for an opinion on the above stated questions has been received by this depsrtment.
As we understand your first question you desire to know whether or not a constable who is compensated on a fee basis can serve es bailiff for the grand jury and receive: pay for such services.
This department has repeatedly held that a constsble cannot serve as bailiff for the grand jury and receive pay therefor. The same rule applies in all counties prohibiting constables from serving as bailiff for the grand jury and receiving pey for such service. It is immaterial whether the constables are compenliated on a fee or salery basis.
For your convenience we enclose copies of our opinions No. O-880 and O-130. Regarding your second question, we call your attention to Article 3933, Vernon's Civil Statutes, which reads in part as follows:
11 . For every day the sheriff or his deputy shall attend the &hict or county court, he shall receive Four Dollers ($4.00) a &Y to be paid by the county for each day that the sheriff by himself or a deputy shall attend said court."
In the case of L&better vs. Dallas County, lllS.W. 193, in which a writ of error was denied by the Suprune Court, the court pssed upon the sams question as here presented with the exception that bt that tims the statute provided for Two Dollars ($2.00) per day for such services instead of Four Dollers ($4.00) aa is now provided by Article 3933, supra, and holds that the county is only liable for the $2.00 per day for the attendance of the sheriff or his deputy, and that even the district judge does not have authority to bind the counties beyond that.
Hon. Rurl Rrittain, Page 2 (04646)
In view of the foregoing authorities you are rl)spectfully advised that it4 is the opinion of this department that the county is ~@y liabla for the SUJII of Four Dollars ($4.00) per day for the serv$ces of the sheriff or his deputy in att&ding the couuty or district court, and in no event could the sheriff and. his deputy or deputies be paid $4.00 per diem each for attendance upon the court at the same time.
Trusting that the foregoing fully axwrers your inquiry, we remain.
Yours very truly ATTORNEY GE%ERAL OF TEXAS s/ Ardell Will+amR By Ardell Williams Assistant AWrjm
EllCl.
- NOV. 6, 1930
s/W. F. Moore
FIRSTASSISTBNT
A'l%XNEY GBV'ERALOF-