Case Information
*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Hon. J. c. Hamilton
County Audltor
Eotor county
Odessa, Texas
Dear Sir:
Your request
as ma herein stated h
ment .
IYe m-state as follfm~r h6riff is aem- sor-aolbotor ths sheriff - tax assbeeor-uolls8tor ofiioiale of Eotor County are mapsmated on a tse basis.
Your first qtwstion is ansaerea by our 0 Inion Ifo. O-1051, holding that three thcmsand (&,000.06 P Is the qim fee allowed by atatuts to the sheriff who the duty of as8esscm and collaetor of krrss in perform *2 Ron. J. C. Kamilton, Pa@ S
counties hatis~ the population of less than ten thousand inhabits&s.
We enolose a oopy ot the above mentioned opin- ion ror your oomenienae.
Opinion Ko. O-91,, written by Honi Cecil C. Rotsoh, Assistaut Attornay General, addressed to lfertiitt F. Hines, Cotmty~Attorney, Laidland, Texas, holds in effect that In eouutles having a population of less ten thousand luhabitants.the sheritr and assessor-aolleotor oi t6xae is entltled, under A&Sale 5902, to only one phief do uty at a salary not exceeding eighteen hundred (~1,800.00 P dollars per annum.
~Artlale 5903,.Revieed Civil Statutes, reads In part as follmm:
*Whenever say dlstrlot , c2anty. or preoinut ofZioer @all the senioee of depntiiw, require assfstsnts'oz'olqrks ia the perionnanse of his ~dutles, .he~ sballiapply to the county ooemlsafoa- 81%' aourt of ,his .ooimt.y’ror authorlty'to.ap- point such dspoties;'assistante or olerks ~&at- iui~ by sworn applioatltm the number need&, the pOSItiOn to be ?fl&~.aad the amOunt to be pald. Said application shall be aooaapanled by a state- ment sharing the pm$Mxble reoelpts r- ises, comlsllons and oaspenoation to be eolleeted by said offioe. during the iiseal year and the pro- bable disbursement8 shish shall include all saltar- ies and expenses.of said office; and said aourt shall make its okder authorizing the appointment OS euoh deputies, the oompeneation to be Raid them within the llmita- assistants clerks ana fix tion herein preearibed and determige the nwWsr to be appointed'as la the discretion of said court may be proper: prinlded that In so ease shall the otnmissfonersCB oourt or any aumber thereof attempt to lntluenue the appofnt'of any person as deputy, assistant or clerk in auy office. Upon the entry or sueh order the ofiiaers ~apply- ing for suoh asa$stante, deputies or clerks shall be authorized ooatpensatloa sbaU not emeed the smtism azaouhg( to appoint them; provided that said *3 Hon. J. C. E&milton, Page 3
hereinafter set out. The’aoatpensation which may be allowed to the deputies, assistants or clerks above uaxed tor their services shall be a reasonable one, not to exceed the r0110wiw amounts:
“1. In uounties having a population of twenty-five thousand (Es,0001 or lees ihhabi- tants, first aeslstaat or chief deputy not to exoeed eighteen hundred ($l800.00) per annwa; other aasletants, de utiee or clerks not to exoeea fifteen hundred ( ,150O.OO) E
dollars per annum eaoh....’
In answer to your second question, you are re- SpsOtfully advised that It it3 the opinion of this depart- ment that ths comiesionars* oourt shall deterralne the manbar of deputies to be appointed as in the disoretion otthe court may be proper and fir the oampensation to be pa$t;oh deputies within the limitations provided by
Under the statute the c?ommiss1onere* oourt may appoint*one uhief deputy to the sheriff - tax asseseor- oolleotor and ffx his salary at a sura not to exoeed eighteen hundad dollars per annum the salaries of the other deputies of the sheritf - tax assessor-oolleotor shall not exoeed fifteen hundred dollars per annum each.
We are unable to find any statute authorizing the county to pay any amount for tileage to the sheriff - assessor-colleotor of taxes who is aompensated oa a fee basis. Therefore, you are advised that the sherirt assessor-collector of taxes is not entitled to be paid by the county any amount for mlleage.
‘Trusting that the foregoing fully answers your Inquiry, we rematn
Your6 very truly AT’K)Rlk!X -OFTExAs