Artielo S&41, Rerlsed Qftil Statutea, reads as f~llor~~ *The County Treasurer simlL reoelre oomd.sslona an the money83 Moslved and pat& out by hfi, m&d bolPmfsalons to be fixed by of the Oemleslon~~ *2 Honorable k. A. Killer, Uay 2, 1939, Fage 2 For receiving all moneys,

court as r0n0ws: other thah school funds, for the county, not exceedlq two and one-half per oent, and not exceeding two and one-half per cent for pay- ing out the same; provided, thnt he shall receive no commlaeions for receivi5S money from his predeoessor nor Car poyin~~ to his suooes9or in offioe.w

Seotlon 44, Artlole 16 of the St&e Oonst.ltutlo& pro- rides :

-The Imglelature shall presorlbe the duties and provide for the eleotlon by the quall- Sied voters of eaoh oounty fn thle state, OS the County Treasurer and County Surmyor, who shall hare an offloe at the oounty seat, and hold that oiiloe for two years, and until their suaoemora are qualltled; and ehall have auoh oompensatlon as-may be provided by law."

Artlole 3943, Rerleed Civil Statutes, generally pro- .rldes thet the ooramlselonc~ allowed to any oounty treasurer shall not exoeed $2 000 annually. The 00&y treasurer 16 entitled to oommlas~otm upon all oounty funda oolleoted and paid outduring hls term of oiflos. Wlthln the llmlte pre- sorlbad by the leglslatum, the Commlesloneral Court has power to fix oommlsslons whloh the oounty treasurer .Amll re- oelt~ upon moneys reoelved and paid out by him. Llano County 't. Moore, 14 S. W. 192, Ter. Jr. Vol. 11, p. 694.

The transfer of funds ^[15] the oouuty treasury by of the Dlstrlot Court authorlzlng the county treasurer to aet up a new fund and transfer a surplus whioh had aoouau- lated in a Road Dletrlct in the oouuty would not be a oolleotlon of fuude nor oould it be ooualdered as.money paid out of the treasury but merely a transfer of money in one fund already in the oounty treasury to the newly oreated fund. Therefore, the county treasurer would not be entitled to any oommlssfon for tranilerrlng money out of one Sund into another fund.

Honorable A. A. Miller, Xay 2, 1939, Page 3

You are respectfully advised that it is the opinion of this department that the oounty treasurer would not be .entitled to any commissions on fund transferred from one fund to another fund in the county treasury. You are further ad- vised that the county treasurer would be entitled to his oom- ~ssions under Artiole 3941. supra, as he pays out this money from the new fund in that the oounty treasurer is entitled to oommlaslons upon all oounty Sunds paid out during his term of oiiloo.

Trusting that the foregoing answers your lnqulry,

we remain

Yours very truly AWRNISY GNNERAL OF TEXAS Ardell Wllllame Assistant AW:FL

APPROVNDl

k-v.

AT!PORNEP OEl?JtRAL OF TNXAS